By Advocate Karan Dua | Vintage Litigation, New Delhi | Published: July 2026

It is the most common question I receive from husbands at the first consultation — phrased in many different ways, but always the same question underneath.

“She walked out three months ago. She’s living with her parents. Now she’s filed for maintenance. Do I have to pay her?”

“I haven’t done anything. She just left one day. The maintenance application says I was cruel. I wasn’t. Do I still have to pay while this drags through court?”

“She left because my income is less than her family’s. Her father has money. She couldn’t adjust with the financial difference. The court is about to pass an interim order. What are my rights?”

The honest answer to all of these questions is: it depends. And specifically, it depends on one thing more than anything else: why she left.

The law does not treat all departures from the matrimonial home equally. A wife who left because her life was genuinely unsafe is in a fundamentally different legal position from a wife who left because she preferred her parents’ house. A wife who was effectively driven out by a hostile household occupies different ground from a wife who made a voluntary choice to separate. And a wife who is living in adultery is disqualified from maintenance entirely — regardless of why she originally left.

This article explains the law as it stands in 2026, the key rulings that have refined it this year, and what you as a husband need to do to protect your legal position.

1. The Foundation: Leaving Alone Does Not End Her Maintenance Right

Start with the baseline position, because many husbands misunderstand this and it costs them in court.

The fact that a wife has left the matrimonial home does not, by itself, disentitle her to maintenance.

Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced Section 125 of the Code of Criminal Procedure — a wife who is unable to maintain herself is entitled to claim maintenance from her husband. The section does not require her to be living with him. Courts have long recognised that a wife may have very good reasons to live separately while still being entitled to financial support.

The maintenance rights after leaving matrimonial home article on this site covers the wife’s side of this question in detail. The question this article addresses is the other side: when can a husband argue that she is not entitled to maintenance precisely because of how and why she left?

2. The Section 144(5) BNSS Disqualification — The Husband’s

Most Powerful Defence

Section 144(5) of the BNSS (formerly Section 125(4) CrPC) provides that a wife shall not be entitled to maintenance under Section 144 if:

(a) She is living in adultery (b) She, without sufficient reason, refuses to live with her husband (c) They are living separately by mutual consent

Each of these has a distinct legal character and different evidentiary requirements.

Ground (b) — “Without Sufficient Reason Refuses to Live With Her Husband”

This is the most commonly invoked ground in maintenance disputes where a wife has left and is now claiming support. The question the court asks is: did she have sufficient reason to refuse to live with you?

What courts treat as sufficient reason:

• Physical violence or credible threats of violence against her
• Mental cruelty — a course of conduct that made continued cohabitation genuinely impossible
• Harassment by in-laws with the husband’s active participation or wilful indifference
• Denial of basic necessities — food, clothing, medical care
• A home environment so hostile that a reasonable woman could not be expected to endure it

What courts do NOT treat as sufficient reason:

• A preference for her parents’ home over the matrimonial home
• General disagreement with in-laws without specific conduct amounting to cruelty
• Economic disparity between her family’s wealth and the husband’s means (confirmed recently by the Allahabad HC — see below)
• Unhappiness with the marriage in general without specific incidents
• Stress or adjustment difficulties in the early period of marriage without the husband’s attributable conduct

Ground (a) — “Living in Adultery”

If your wife is in an ongoing intimate relationship with another person, she is disqualified from maintenance under Section 144(5)(a) BNSS. Courts interpret “living in adultery” as a continuing relationship, not a historical past incident. We covered the evidentiary requirements — including call records, hotel records, and the Supreme Court’s July 2, 2026 ruling on court-compelled production of CDRs — in our recent article on proving a wife’s affair and stopping maintenance.

3. The Two 2026 Rulings Every Husband in a Maintenance Case Must Know

Two rulings from 2026 have sharpened the contours of this area in ways that directly affect how these cases play out.

Ruling 1: Bombay HC, Nagpur Bench (May 31, 2026)

Maintenance Even Without Direct Cruelty

The Bombay High Court (Nagpur Bench) ruled in May 2026 that a wife can be entitled to maintenance even if the husband has not been personally found guilty of direct, specific acts of cruelty against her.

The Court held that “maintenance proceedings are not designed to determine criminal guilt but to ensure that a financially dependent spouse is not left without support.” The key principles:

• Neglect and refusal to maintain do not require an express declaration by the husband — they can be inferred from conduct and circumstances
• The overall atmosphere of the matrimonial home is relevant — a hostile or degrading environment that did not involve direct physical assault on the wife can still constitute sufficient reason for her separate residence
• Filing for divorce does not extinguish a wife’s maintenance rights during the pendency of proceedings

What this means for husbands: You cannot defeat a maintenance claim simply by saying “I never hit her” or “I never said anything cruel directly to her.” Courts look at the totality of the domestic environment. If your household was genuinely hostile — through your mother’s conduct, your collective family’s behaviour, your financial neglect, or your emotional withdrawal — courts may treat that as sufficient reason even without a single specific incident directly attributable to you.

What it does NOT mean: It does not mean every claim of a hostile atmosphere will succeed. The wife still must establish specific facts — specific conduct, specific incidents, specific patterns. A bare assertion that “the atmosphere was hostile” is not enough without facts to support it. This ruling expands the evidentiary scope; it does not eliminate the evidentiary requirement.

Ruling 2: Allahabad High Court (2026)

Voluntary Departure Due to Financial Incompatibility = No Maintenance

The Allahabad High Court dismissed a wife’s maintenance claim where the evidence showed she had voluntarily left the matrimonial home because her own family was wealthier than the husband’s and she found it difficult to adjust to the financial difference.

The Court held definitively that “economic disparity between spouses or their families does not constitute ‘sufficient reason’ for a wife to refuse to live with her husband under Section 125(4) CrPC.” Marriage is built on mutual support and companionship, not on economic parity between families.

The Court further held that where a wife’s departure is shown to be voluntary — not compelled by cruelty, harassment, or genuine necessity — the element of voluntariness negates the claim of justification. She cannot leave by choice and then claim she had no choice.

What this means for husbands: If you can establish that your wife’s departure was genuinely voluntary — not driven by your conduct, not motivated by safety concerns, not the result of cruelty by you or your family — the maintenance claim on that ground weakens significantly. The evidence you need is positive proof of the circumstances in which she left: who was present, what was said, whether she gave any reason, whether she took belongings with her that suggested a planned departure, and any communications in the period immediately before she left.

4. The Husband’s Right to Invite Her to Return — and Its Legal Effect

There is a specific, formal legal step available to a husband that is underused in practice but can significantly affect maintenance proceedings: a formal invitation to return to the matrimonial home.

If a husband — in good faith and without conditions that amount to cruelty — issues a formal written invitation to his wife to return to the matrimonial home, and she refuses without sufficient reason, that refusal can be placed before the maintenance court as evidence supporting the Section 144(5)(b) BNSS ground.

Requirements for a valid, legally effective invitation:

• It must be genuine and unconditional — an invitation that attaches conditions she cannot reasonably meet is not an invitation; it is a further ground for her continued separate residence
• It should be issued formally — through your lawyer or by registered post — so there is a documentary record of it
• It must be to a home where she will be safe and treated with dignity — an invitation to return to a home where the same hostile circumstances that caused her to leave still exist is not legally effective
• It should not be timed purely for litigation strategy — courts are sensitive to invitations that appear to be a tactical move rather than a genuine attempt at reconciliation

What it does if she refuses: A documented, valid invitation to return, followed by an unjustified refusal, supports your argument that she is living separately “without sufficient reason” under Section 144(5)(b). It does not automatically end her maintenance claim, but it is evidence that the separation is her choice rather than a necessary response to your conduct.

5. What Happens to Maintenance Pending the Court’s Determination

This is where many husbands make the most damaging strategic error.

Courts pass interim maintenance orders — under Section 24 HMA or Section 144(4) BNSS — within the first few weeks to months of a maintenance petition being filed. These interim orders are passed at a preliminary stage, on an approximate assessment, before the full facts are heard. The court at this stage is not deciding whether the wife’s departure was justified — it is deciding whether she needs financial support while the case runs.

You cannot stop paying an interim maintenance order without a formal court order modifying or vacating it. Simply stopping payment because you believe the maintenance claim is unjustified will result in execution proceedings against you, contempt applications, and adverse findings in the main proceedings.

The correct approach if you believe you have strong grounds to challenge the maintenance claim:

1. File a formal reply contesting the maintenance petition on the grounds available to you — specifically including Section 144(5) BNSS if applicable
2. Simultaneously apply to modify or vacate the interim order, placing the evidence of her voluntary departure, your formal invitation to return, and any evidence of adultery on record
3. Comply with interim orders while the challenge is pending — do not unilaterally stop payment
4. Accelerate the case through the court by actively setting dates and appearing regularly rather than seeking adjournments

The maintenance service page on this site covers the full range of reduction and termination remedies available to a paying spouse.

6. What If She Has Also Filed a 498A or Domestic Violence Case?

The most common pattern after a wife leaves the matrimonial home is a cluster of simultaneous filings: a maintenance petition, a domestic violence complaint, and a 498A case. Each of these is a separate proceeding in a different court, and each requires its own response.

The maintenance court’s finding about whether she had sufficient reason to leave is not binding on the criminal court, and vice versa. But the factual picture — the specific conduct alleged, the timing of the departure, the evidence of what happened in the matrimonial home — is the same in all three. Building a consistent, well-evidenced factual account of your side of events at the outset, before you respond to any of the proceedings, is critical.

If you are facing a domestic violence complaint, the immediate priority alongside the maintenance response is ensuring you have proper legal representation in those proceedings from day one. And if a 498A case has been filed, anticipatory bail should be obtained immediately if you have not already done so — because any criminal proceedings running alongside the maintenance case affect your freedom and your ability to participate in proceedings.

7. Evidence You Need to Build Right Now

If your wife has left and you have not yet received any court notice, or if you have just received a maintenance petition and the first date is approaching, these are the most important things to document immediately:

The circumstances of her departure: Who was present when she left? What did she say, if anything? Did she take all her belongings? Was it sudden or had there been communication about it? Are there messages in the days before her departure that show her state of mind?

Your response: Did you ask her to return? When? How? Is there any communication record — messages, calls, letters — showing that you wanted her to stay or invited her back?

The state of the matrimonial home: Who else lives there? Was there any conflict between your wife and other family members? What was the daily domestic arrangement? Are there witnesses who can speak to what the household was actually like?

Your income and assets: Maintenance will be assessed partly on your financial capacity. Compile accurate income documentation now — salary slips, ITRs, bank statements — before the other side makes exaggerated claims about your earnings that become the reference point for the interim order.

Any evidence relevant to Section 144(5) disqualification: If she has another relationship, document it per the guidance in our wife’s affair article. If her departure was driven by financial incompatibility rather than cruelty, document the financial circumstances at the time of marriage and immediately before her departure.

How Vintage Litigation Can Help

Advocate Karan Dua has represented husbands in maintenance defence proceedings, modification applications, and complex contested matrimonial matters across Delhi’s family courts and the Delhi High Court. Whether you have just received a maintenance petition, are facing an interim order you want to challenge, or need to build a comprehensive response to a cluster of maintenance, DV Act, and 498A proceedings, we can assess your specific facts and build a coordinated strategy from the first consultation.

Online first consultation. Fully confidential. No commitment required.

📞 Call / WhatsApp: +91-9999483959 📧 Email: Adv.karan.dua67@gmail.com 📍 O-11A, Basement, Jangpura Extension, New Delhi – 110014 ⏰ Monday–Saturday, 9 AM – 6 PM. WhatsApp available after hours.

Frequently Asked Questions

Q1. My wife left the matrimonial home six months ago. She has now filed for maintenance. Do I have to pay?

Probably yes, at least at the interim stage — but the amount and whether it continues long-term depends on why she left. If she left due to cruelty or a hostile home atmosphere (even without a specific act directly by you, per the Bombay HC’s May 2026 ruling), courts are likely to award maintenance. If she left voluntarily without justifiable reason, Section 144(5) BNSS provides a defence. Build your factual case immediately.

Q2. She left without telling me. Isn’t that desertion? Can I use that to stop maintenance?

A sudden departure can support a desertion ground in your divorce petition, but it does not automatically disqualify her from maintenance. Courts look at why she left, not merely the manner of her departure. If you can establish that the departure was voluntary and unjustified, Section 144(5)(b) BNSS is the applicable disqualification ground in the maintenance proceeding.

Q3. She says I was cruel. I wasn’t. How do I defend this in the maintenance court?

Start by documenting your own version of events — specific dates, specific incidents, witnesses who were present. The burden in maintenance proceedings is not criminal proof beyond reasonable doubt — it is civil preponderance of probability. But courts still require facts, not bare denials. Compile any communications (messages, emails) showing the normal nature of your interactions. Line up witnesses who can speak to what actually happened in the household.

Q4. Can I stop paying interim maintenance because I think the claim is false?

No. An interim maintenance order must be complied with until a court formally modifies or vacates it. Unilaterally stopping payment results in execution proceedings, contempt applications, and adverse findings in the main case. The correct route is a formal application to the maintenance court to modify or vacate the interim order, supported by evidence of your grounds.

Q5. My wife left because her family is richer than mine and she couldn’t adjust to my financial situation. Do I have to maintain her?

The Allahabad High Court ruled specifically in 2026 that economic disparity between families — including a wife’s difficulty adjusting to her husband’s lower economic status — does not constitute “sufficient reason” for refusal to live with the husband under Section 144(5) BNSS. This is a directly applicable precedent in your situation. You will need evidence that the reason for her departure was financial incompatibility, not cruelty or abuse.

Q6. I have formally invited her to return but she has refused. Does that end the maintenance obligation?

A genuine, unconditional invitation to return, followed by an unjustified refusal, is important supporting evidence for the Section 144(5)(b) BNSS ground. It does not automatically end the maintenance obligation, but it strengthens your argument significantly. The invitation must be genuine — not conditioned on demands that amount to further cruelty — and should be documented in writing.

Q7. She is currently living with someone else. Does that affect her maintenance claim?

Yes, decisively. If your wife is “living in adultery” — meaning an ongoing intimate relationship with a third party, not a historical past — Section 144(5)(a) BNSS disqualifies her from maintenance entirely. You need evidence of the current, ongoing nature of the relationship — not just a historical allegation. See our full guide on evidence required to prove a wife’s affair.

Q8. Can the maintenance court look at what happened between us before she left, even if it happened years ago?

Yes. The court’s inquiry into whether she had “sufficient reason” to leave is not limited to a specific time window. The pattern of conduct throughout the marriage — and particularly in the period leading up to her departure — is relevant. Courts look at the cumulative picture, not just the incident (if any) immediately before she left.

Q9. She has also filed a DV case and a 498A alongside the maintenance petition. How do I handle all three?

These are separate proceedings in different courts (maintenance before the family/magistrate court; DV complaint before a magistrate; 498A in the criminal court), but the factual underpinning is the same. Your legal response needs to be coordinated across all three from the outset — inconsistencies in your account across different proceedings are the most exploitable vulnerability. Obtain anticipatory bail as the first priority if 498A has been filed. Then build a single, coherent factual account that is used consistently across all three.

Q10. How long does a maintenance case take to be decided in Delhi and what is the realistic monthly amount I might have to pay?

Interim maintenance in Delhi family courts is typically ordered within 1–3 months of the petition being filed. Final determination of maintenance can take 1–3 years in a contested case. The interim amount is typically 20–30% of your net monthly income as a starting point, though courts adjust based on the wife’s own income, both parties’ disclosed assets, and the standard of living during the marriage. Our guide on how courts calculate maintenance covers the full calculation framework.

Adv. Karan Dua — Advocate, Delhi High Court | Matrimonial & Family Law Adv. Karan Dua is a Delhi-based advocate specialising in maintenance defence, contested divorce, domestic violence proceedings, 498A defence, and complex multi-forum matrimonial litigation. He practises before the Delhi High Court and family courts across the NCR. Learn more about Vintage Litigation or get in touch.