A wife cannot be faulted for not living with husband when he brings another woman in the house and she can demand maintenance on this ground, the Bombay High Court has ruled. The Court was hearing a petition filed by Irfan Shaikh, who had challenged a Court order asking him to pay maintenance of Rs 2,000 each to his wife and child.
Irfan had married Nilofar on June 3, 2007 but they separated on June 17, 2009. The application for maintenance was filed in November 2009. Irfan married again in December 2009.
A criminal complaint under Section 498A IPC was filed by the wife on December 24, 2009.