Odisha HC upholds wife’s right to separate over baseless character doubts
The Orissa High Court has upheld a Family Court ruling, affirming that baseless accusations against a wife’s character justify her decision to live separately from her husband.
The court also ruled that the husband is obligated to provide financial maintenance to his wife in such circumstances. In its recent judgment, the High Court emphasised that unfounded suspicions about a wife's character are sufficient grounds for her to refuse to live with her husband.
“When the husband raises doubts about her character, she is perfectly justified to refuse to live with him,” 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 provide 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 a husband who doubts her chastity, as her dignity 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 sufficient reason to live separately.”
The court further noted that the husband's unfounded accusations amounted to “character assassination,” providing the wife with a valid reason to leave the marital home.
“In this case, without presenting any proof of his wife’s alleged infidelity, the husband has simply made baseless allegations against her character. This alone 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 safeguards for women against unfounded character allegations, emphasizing the importance of dignity and mutual respect in marriage.