The Jharkhand High Court denied maintenance to the wife, Sangeeta Toppo, under Section 125(4) of the Criminal Procedure Code (CrPC), concluding that she left her husband without sufficient cause.
Allegations by Wife:
- Dowry demands (car, fridge, LED TV) started immediately.
- Physical abuse and mental harassment by husband.
- Husband allegedly had an affair with Poonam Kumari.
- Claimed husband earns over ₹2 lakh/month from salary, business, and rental income.
Husband’s Defense:
Marriage solemn as per tribal (Oraon) customs, not Hindu Marriage Act.
- Wife stayed only one month post-marriage, then left voluntarily.
- Alleged she aborted pregnancy without his consent.
- Filed divorce and a theft case against her.
- Claimed he made efforts for reconciliation, but she demanded ₹75 lakh as lifetime alimony.
- Asserted wife re-married (unconfirmed but stated by witness).
Court’s Observations:
- Wife denied pregnancy, but medical evidence (Dr. Indu Chouhan’s prescription) proved otherwise.
- She refused to return, despite husband’s repeated requests and even rejected reconciliation during mediation.
- Her testimony was inconsistent, and allegations of abuse and adultery were not substantiated.
- Court found that she left her husband without sufficient reason.
Important Point– Section 125(4) CrPC:
A wife is not entitled to maintenance if: (No Maintenance to wife)
- She is living in adultery,
- She refuses to live with her husband without sufficient reason,
- They are living separately by mutual consent.
- Since the Court ruled she left without sufficient reason, maintenance was denied.
Final Verdict:
The court set aside the Maintenance order of ₹15,000/month (issued earlier by Family Court), the Criminal Revision allowed in favor of the husband.
