In a significant legal ruling, the Family Court of Jabalpur district, operating within the jurisdiction of Madhya Pradesh and presided over by Chief Justice K N Singh, has established that a spouse who chooses not to reside with their marital partner forfeits any claim to maintenance. This authoritative decree was prompted by an application presented by Sachin Tantuvay, a resident of Jabalpur, who was represented by legal advocates GS Thakur and Arun Kumar Bhagat.
The petitioner, identified henceforth as Kumar (Name Changed), asserted that his spouse vacated their shared matrimonial abode, relocating to her parental residence on December 15, 2020. Subsequently, she asserted a claim for maintenance upon being served a notice by her husband. Furthermore, the wife initiated legal proceedings against Kumar, alleging dowry harassment, and filed a complaint regarding the dishonor of a check amounting to Rs 12 lakh.
Throughout the judicial process, the wife consistently demonstrated a lack of willingness to reconcile with her husband. Following meticulous consideration of the presented arguments and pertinent legal references, the court dismissed the wife’s maintenance application.
This legal decree establishes a significant jurisprudential precedent regarding maintenance entitlement in circumstances where a spouse opts to terminate cohabitation with their marital partner. It marks a notable development within the realm of family court jurisprudence, underscoring the legal ramifications of such decisions.
