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.
