Archana Gupta v. Rajeev Gupta : 2009 Law Suit (Utt) 85 : 2009 LRC Online 789 (Ukd) {High Court of Uttarakhand; Criminal Revision No. 201 of 2006; Hon'ble Justice Alok Singh; Decided on : 18/11/2009}
Section 125(4)---- Denial of maintenance---- Revision---- Wife is living separately without any sufficient cause and reason and she refused to live with her husband without any sufficient reason----court below rightly rejected the application seeking maintenance----Petition dismissed
Held : From the perusal of sub Section 4 of Section 125, if wife refused to live with her husband without any sufficient reason, she would not be entitled to receive any maintenance. Learned trail court has recorded finding of fact that wife is residing separately from her husband without any reasonable cause and reason and refused to live with her husband despite offer by the husband to live together.
The court find no perversity in the findings of fact recorded by learned Principal Judge, Family Court, Dehradun of the fact that wife is living separately without any sufficient cause and reason and she refused to live with her husband without any sufficient reason. In view of findings that wife is residing separately from her husband without reasonable cause and reason, her application seeking maintenance was rightly rejected by the learned trial Court.