Quick answer: A decree for restitution of conjugal rights does not automatically end a wife’s right to maintenance. In Rina Kumari v. Dinesh Kumar Mahto (2025), the Supreme Court held that a wife who refuses to return can still claim maintenance if she has sufficient reason. Courts now test each case on its own facts.
When a wife leaves the matrimonial home, some husbands seek a restitution decree and then argue that it cancels her claim to support. A January 2025 Supreme Court ruling has clarified the law on restitution of conjugal rights and maintenance. This guide explains the rule, the leading cases and practical steps for both spouses.
Restitution of Conjugal Rights and Maintenance: The Legal Framework
Section 9 of the Hindu Marriage Act, 1955 lets a spouse ask the family court to order the other spouse to resume cohabitation. The court grants the decree when one spouse has withdrawn from the other’s society without reasonable excuse.
Maintenance runs on a separate track. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced Section 125 CrPC from 1 July 2024. Section 144(4) BNSS denies maintenance to a wife who refuses to live with her husband “without any sufficient reason”. Section 144(5) lets the magistrate cancel an existing order on the same ground.
Does a Section 9 decree prove that the wife lacks sufficient reason? The courts say no, not by itself.
Key Case Law
Rina Kumari v. Dinesh Kumar Mahto (2025 INSC 55)
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar decided this case on 10 January 2025. The husband obtained a restitution decree in Ranchi, and the wife did not return. The Jharkhand High Court then set aside her maintenance under Section 125(4) CrPC.
The Supreme Court reversed that order. It treated the restitution decree as relevant material, but not conclusive. The Court relied on the wife’s unrebutted evidence of ill-treatment and neglect after a miscarriage. It also noted that the husband never sought execution of the decree or a divorce, and so used the decree as a shield. The Court restored Rs 10,000 a month from the date of her application.
Earlier Supreme Court rulings
The bench relied on Kirtikant D. Vadodaria v. State of Gujarat (1996) and Amrita Singh v. Ratan Singh (2018). Both support a wife who has reasonable grounds to stay apart. The bench also described maintenance as a social justice measure against destitution.
Delhi High Court: X v. Y (2022)
Justice Swarana Kanta Sharma reached the same result in Delhi. The family court had denied maintenance because of a 2013 ex parte restitution decree. The High Court held that such an unexecuted decree does not bar a wife whose husband’s conduct kept her away.
What Courts Examine
After Rina Kumari, family courts weigh the full picture. Typical factors include:
- evidence of cruelty, dowry demands or neglect;
- whether the husband cross-examined the wife and rebutted her evidence;
- whether the husband took any genuine step towards reconciliation;
- whether he sought execution of the decree under Order XXI Rule 32 CPC;
- whether the wife contested the Section 9 petition or suffered an ex parte decree.
On the other hand, a husband can still succeed under Section 144(4) BNSS if he shows that the wife left without cause and that his offer to reunite was sincere.
Practical Checklist for Both Spouses
- Collect evidence early. Keep medical records, messages and witness details that explain the separation.
- Contest the Section 9 petition. An ex parte decree weakens your position, so appear and file a reply.
- File full disclosure. Both sides must file the income and asset affidavit that Rajnesh v. Neha (2020) requires.
- Cross-examine properly. Unchallenged evidence often decides the case, as Rina Kumari shows.
- Act on the decree, if you hold one. A husband who wants reconciliation should show it through conduct, not paperwork alone.
- Consider the divorce route. Under Section 13(1A)(ii) HMA, either spouse may seek divorce if cohabitation does not resume for one year after the decree.
- Enforce the order. If payments stop, you can recover unpaid maintenance through the arrears process.
Frequently Asked Questions
Can a wife get maintenance if she disobeys a restitution decree?
Yes, if she has sufficient reason to live apart, as the Supreme Court confirmed in Rina Kumari (2025).
Is a restitution decree conclusive proof against the wife in maintenance proceedings?
No. The maintenance court treats it as relevant evidence and then assesses the wife’s reasons independently.
Which section now governs maintenance after the new criminal laws?
Section 144 BNSS governs it from 1 July 2024. Sub-sections (4) and (5) mirror the old Section 125(4) and (5) CrPC.
Can a husband stop paying maintenance once he gets a Section 9 decree?
No. He must apply to the court, and he needs to prove that the wife has no sufficient reason to stay away.
What happens if the couple does not reunite after the decree?
Either spouse may seek divorce under Section 13(1A)(ii) HMA after one year without resumed cohabitation.
Lex Pleaders advises individuals and families on maintenance, restitution petitions, divorce and related matrimonial disputes before family courts and the Delhi High Court. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.