The Aurangabad Bench of the Bombay High Court dismissed a revision petition filed by the husband seeking restitution of conjugal rights and held that the wife is justified in seeking maintenance whilst living separately on account of the approach and attitude as well as the treatment given to her by her in-laws. The revision petition had been filed against the order of the Family Court which ordered maintenance to be paid to the husband.
The Single Bench of Justice VK Jadhav noted the submission of the wife that although she had no problems with her husband, it was the in-laws that she had trouble staying with and that the wishes of the wife need to be taken into consideration as well. It further made the following observation:
“6………… In our society, importance is given to the wishes of the husband. Even if the wife is not comfortable with her inlaws, she has to follow the wishes of her husband and stay along with the parents of her husband in order to respect the wishes of her husband. However, in the changing scenario of the lifestyle and considering the developing concept of nuclear family, importance is also required to be given to the wishes of the wife. If the wife is not comfortable because of the approach and attitude of the parents of her husband and the treatment given to her by them, and if she resides with her patents because of the said reason, in my considered opinion, the wife has just cause to live separate and demand maintenance.”
With regards to the award of maintenance passed by the Family Court, the Bench held the quantum of maintenance in favour of the wife was made justly and reasonably considering the appellant-husband’s income, his liabilities and responsibilities.
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