
CUTTACK: The Orissa High Court has upheld a Family Court’s order to a husband to pay maintenance to wife who was living separately from him.
“When her husband raises doubt about her character, she is perfectly justified to refuse to live with her husband,” the court also observed in a recent judgment.
The marriage was solemnised on May 5, 2021. But the wife left her matrimonial home on August 28, 2021 because he raised questions about her character, and stayed in her parental house.
The husband had challenged the order of Family Court, Baripada on the ground that she had left him without any sufficient cause. He also questioned her chastity alleging that she is having some relationship with another person.
However, Justice Gourishankar Satapathy observed, “It is quite natural for a wife to refuse to live with her husband who doubted her chastity, in as much as the chastity of a woman is not only dearest to her, but also a priceless possession in her. Thus, when the character of wife is being doubted by her husband without any proof, she has enough reason to live separately from her husband.”
“In this case, without producing any proof about the infidelity of his wife, the husband has simply made character assassination of his wife which itself is a ground for wife to refuse to live with her husband. Hence, the plea of the husband in this case about wife not staying with him without any sufficient cause is liable to be rejected and merits no consideration,” Justice Satapathy observed in his order.
Justice Satapathy further endorsed the Family Court’s direction to the husband to pay monthly maintenance of Rs 3,000 to wife.