A Division bench of Kerala High Court held that, a wife who is living separately by mutual consent, is not entitled to receive maintenance or Interim maintenance.
From Para 10,
Rajesh R. Nair Vs Meera Babu on 5 Mar 2013
Now, the question arises for consideration is whether the respondent is entitled to receive maintenance or interim maintenance from the petitioner after they have been living separately by mutual consent i.e., from 30.4.2011 onwards.
Going by the above sub-section, no wife is entitled to receive maintenance from her husband if they are living separately by mutual consent. Here, the petitioner and the respondent have been living separately since 30.4.2011. Therefore, Exts.P1 and P2 claims for maintenance and interim maintenance respectively filed by the respondent are hit by sub-section (4) of Section 125 of Cr.P.C. In other words, Exts.P1 and P2 claims are not maintainable. Hence, Ext.P11 common order passed by the Family Court is liable to be set aside. Ext.P1 claim for maintenance is liable to be quashed.
Citations : [2013 SCC ONLINE KER 24120], [2013 CRI LJ 3153], [2013 AIC 125 705], [2013 KLT 1 899], [2014 RCR CRI 1 411], [2014 CCC 1 99]