Q: Discuss the citation of Smt. Jyoti Alias Gudiya vs State Of U.P. And Anr. on 18 February, 2015 ?

Ans: During a case in Allahabad High Court of Smt. Jyoti Alias Gudiya vs State Of U.P. And Anr. on 18 February, 2015 the maintenance relief was rejected to wife who denies to live with her husband with a reason that she would not like to live with the husband’s family. Imposition of such unreasonable pre-condition cannot be said to be just cause for the wife to live separately from her husband. It pertains to condition that the only way that was opened for the husband was to first desert his mother and then to reside with his wife. This aspect of the case has got substantial bearing in this case, because in order to receive the amount of maintenance, it was incumbent upon the wife to prove reasonably that she has got just cause to live separately from her husband. The imposition of unreasonable condition as an excuse for living separately by either of the spouse is not permissible in law.

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