For NRI husbands, maintenance proceedings in India can become complicated because the spouses may be living in different countries, have different sources of income, and may have spent substantial periods living separately. An NRI husband cannot avoid maintenance merely by saying that he lives abroad or that his wife is living in India. At the same time, maintenance is not an unconditional right in every circumstance. The law recognises specific situations in which a wife may be disentitled from receiving maintenance and it also permits the husband to place evidence before the court regarding the wife’s income, conduct, circumstances of separation and the financial position of both parties.
The principal statutory provision is Section 144 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding broadly to the earlier Section 125 of the Code of Criminal Procedure, 1973.
Denial of Maintenance on grounds adultery
One of the express statutory grounds for denial of maintenance is where the wife is living in adultery. Under the earlier Section 125(4) CrPC, a wife was not entitled to maintenance if she was living in adultery. Importantly, an allegation of adultery is not enough , the onus lies with the husband to establish the necessary facts and evidence of adultery before the court.
For Example: Suppose an NRI husband working in Canada discovers that, during the subsistence of the marriage, his wife has been continuously cohabiting with another man and has established a relationship resembling a domestic partnership. If the husband can establish this allegation through legally admissible evidence, he can raise the statutory bar to maintenance. However, a single photograph, an isolated meeting or an unsubstantiated allegation should not automatically be treated as proof that the wife is living in adultery.
Important recent Legal Development:
The Supreme Court in Himanshu Chordia v. State of Rajasthan & Anr. 2026 INSC 778, considered the effect of the adultery bar at the interim-maintenance stage. The ruling recognised that Section 125(4) CrPC expressly disentitles a wife living in adultery from maintenance and that the issue cannot automatically be postponed until final disposal where the adultery is admitted or established by clear and cogent material. At the same time, disputed allegations still require proper adjudication and admissible evidence.
Therefore, an NRI husband should not rely merely on screenshots or allegations. The evidence be properly presented and, where necessary, proved according to law.
Denial of Maintenance where Wife refuses to live with her husband without sufficient reason
Another important statutory defence is that the wife has refused to live with her husband without sufficient reason. This is relevant in NRI marriages For example suppose the husband is working in the United States he provides a reasonable opportunity for his wife to join him there is no proven cruelty, violence or other legally sufficient reason for her refusal. The husband continues to maintain contact and expresses willingness to resume matrimonial life and the wife nevertheless refuses to live with him without sufficient justification. The husband may place these circumstances before the court while contesting the maintenance claim.
For example, if the husband asks his wife to move abroad but there is evidence of domestic violence, serious matrimonial cruelty, unsafe living conditions, abandonment or another legally recognised justification, her refusal may be considered reasonable. The Supreme Court repeatedly treated the question of sufficient reason as a factual issue depending on the circumstances of the particular marriage.
Where the couple is living separately by mutual consent
The statutory scheme also recognises a situation where the husband and wife are living separately by mutual consent.
Example: An NRI Husband and his wife mutually decide that we will remain married but live separately in different countries and will not claim maintenance from each other.
Where a Wife has Independent Income Does she automatically lose her Right to Maintenance
One of the most common arguments raised by husbands, including NRI husbands, is “My wife is working and earning so she should not be entitled to maintenance.” The fact that a wife is earning does not automatically disentitle her from claiming maintenance. The court looks at her overall financial position and actual needs, rather than considering her salary in insolation. While deciding a maintenance claim, the court may consider the wife’s salary and other independent sources of income, her business or professional income, rental income and income from property, investments and other financial resources, children, where applicable and the overall financial circumstances of both spouses. Therefore, the important question is not merely whether the wife is earning, but whether her independent income and financial resources are sufficient to maintain herself in the circumstances of the marriage.
Wife’s Conduct and Circumstances of Separation: What can an NRI husband establish in a Maintenance Case?
When a wife files a maintenance claim against her NRI husband, the court may examine the circumstances in which the spouses started living separately. The reason for separation, the conduct of both parties, and the efforts made to resolve their matrimonial differences may be relevant to deciding whether the wife has sufficient reason to live separately. Under Section 144(4) of the (BNSS), a wife is not entitled to maintenance under that section if, without sufficient reason, she refuses to live with her husband or if the spouses are living separately by mutual consent. However, these grounds must be assessed in light of the facts and evidence of the particular case.
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Frequently Asked Questions:
Q1. Can an NRI husband contest maintenance if his wife voluntarily left the matrimonial home?
Ans. Yes, the husband can place evidence before the court showing the circumstances in which the wife left the matrimonial home. However, merely proving that she left is not automatically sufficient to deny maintenance. The court may examine whether she had a sufficient reason for living separately.
Q2. Does a wife automatically lose maintenance if she refuses to live with her NRI husband abroad?
Ans. No, refusing to relocate abroad does not automatically disentitle a wife from maintenance. The court may examine why she refused to join her husband and whether there was a genuine and legally sufficient reason for her decision.
Q3. Can the husband argue that his wife refused reconciliation without sufficient reason?
Ans. Yes, this can be raised as a defence where supported by evidence. Under Section 144(4) BNSS, refusal by a wife to live with her husband without sufficient reason is relevant to her entitlement to maintenance under that provision. The court will determine whether the reason given for living separately was sufficient in the circumstances.
Q4. What if the husband and wife mutually agreed to live separately?
Ans. If the husband can establish that the parties voluntarily agreed to live separately, this may be relevant under the statutory provisions governing maintenance. Written communications, settlement terms or other reliable evidence may help establish the existence and terms of such an agreement.
Q5. What if the wife left the matrimonial home but later claimed that she was forced to leave?
Ans. The court may examine the circumstances surrounding her departure, including allegations of cruelty, violence, harassment, threats or other matrimonial problems. The husband can present evidence contradicting those allegations where appropriate. The court ultimately decides the issue based on the evidence.