Reasonable excuse’ in restitution of conjugal rights – allows for grant of maintenance

Dipti Mohanty @ Kanungo & Another vs Surya Prakash Mohanty on 12 September, 2014

Wherein the wife had left the company of her husband and he had gotten a decree for restitution of conjugal rights, the wife’s own maintenance application was rejected by the Cuttack Family Court . It is the contention of the husband (the appellant) she (the appellant) left the company of her husband without ‘reasonable’ excuse and thus she is not entitled to maintenance.

The High Court found that there was ‘reasonable’ excuse in the appellant leaving her husband and thus allowed for the grant of maintenance to the wife.


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