Odisha: High Court upholds wife’s right to live separately over character doubts

By Shrikant Panda

Bhubaneswar, Jan. 20: The High Court of Orissa has upheld a ruling by the Family Court in Baripada, affirming that a wife is justified in living separately from her husband if he makes “baseless” allegations against her character.

The court also ruled that the husband is obligated to provide financial maintenance to his wife in such circumstances.

In its recent judgement, the High Court emphasised that casting aspersions on a wife’s character without evidence is sufficient grounds for her to refuse to live with her husband.

“When the husband raises doubt about her character, she is perfectly justified to refuse to live with her husband,” the court noted.

According to court records, the couple married on May 5, 2021. However, their relationship faced significant turmoil shortly after. On August 28, 2021, the wife left her marital home to live with her parents, alleging that her husband had unjustly accused her of infidelity.

The husband challenged the Family Court’s earlier decision, claiming that his wife had no valid reason to leave their marital home. He alleged that she was involved in an extramarital relationship, but failed to present any evidence to support his claims.

Justice Gourishankar Satapathy, delivering the verdict, firmly rejected the husband’s allegations. He stated:

“It is quite natural for a wife to refuse to live with her husband who doubted her chastity, inasmuch as the chastity of a woman is not only dearest to her but also a priceless possession. Thus, when the character of a wife is doubted by her husband without any proof, she has enough reason to live separately.”

The court further noted that the husband’s baseless accusations amounted to “character assassination,” which provided the wife with a valid and sufficient cause to leave the marital home.

“In this case, without producing any proof of his wife’s alleged infidelity, the husband has simply made accusations against her character. This itself is a valid ground for the wife to refuse to live with him. Hence, his plea that she left without sufficient cause merits no consideration,” Justice Satapathy stated in the judgment.

The court also upheld the Family Court’s directive, requiring the husband to pay his wife a monthly maintenance allowance of Rs 3,000.

This judgment reinforces the legal protection for women facing baseless allegations in their marital relationships and underscores the importance of dignity and respect in marriage.