Spousal Maintenance Denied in Absence of Valid Grounds for Separation: Ruling by Jharkhand High Court

In a recent judicial pronouncement, the High Court of Jharkhand, situated in Ranchi, has rendered a decision overturning a maintenance decree, thereby illuminating the intricate nuances inherent in matrimonial discord and the statutory framework governing maintenance obligations within the Indian legal landscape.

Amit Kumar Kachhap, through a Criminal Revision petition, contested a prior directive mandating him to remit a sum of Rs. 15,000 per month as maintenance to his spouse, Sangeeta Toppo. The adjudication delivered by Justice Subhash Chand has garnered considerable attention owing to its meticulous examination and consequential disposition. The genesis of the matter lies in an Original Maintenance petition filed in 2017 under Section 125 of the Code of Criminal Procedure, wherein divergent assertions were presented by the respective parties. Sangeeta Toppo asserted allegations of cruelty, neglect, and imputed extramarital involvement on the part of her husband, while Amit Kumar Kachhap posited that Sangeeta had unilaterally departed without valid justification and had proffered false accusations against him.

In his judgment, Justice Subhash Chand meticulously dissected the evidence presented before the court. “The respondent-applicant has been residing aloof from the husband without any reasonable cause,” the judge stated, citing Section 125(4) of the Code of Criminal Procedure. “Accordingly, she is not entitled to any amount of maintenance.”