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Shared an notice with Section 144 BNSS for Maintenance by Wife
07-Sep-2026 (In Divorce Law)
HI Team,
Marriage had happen in month of Nov 23 at Indore. After which she has left home thrice and every time husband has called her back. Now she has left husband home in Oct 25, and it has been almost an year now, wife has shared an notice to husband with Section 144 BNSS - Maintenance. I would need ur suggestion, Husband is not ready to give divorce and how he can overcome the maintenance?
If the wife has been living separately without sufficient cause, the husband can contest the maintenance proceedings by placing on record evidence of her voluntary desertion, repeated departures from the matrimonial home, his efforts to bring her back, and any specific misconduct or circumstances showing that she is refusing to cohabit without reasonable justification; however, maintenance is not automatically denied merely because she is living separately, so the facts and evidence will be crucial. The husband is not required to consent to divorce he can contest any divorce petition and he should file a detailed reply to the Section 144 BNSS notice, along with supporting documents/messages/call records/witnesses, and seek dismissal or reduction of maintenance as legally applicable.
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Adv. Riddhi Pratap Bothara
Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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very little bits chance, usually court granted maintenance in favour of wife, however if the husband proved by way strong oral and documentaries evidence wife intentionally and willfully, without sufficient reason reside separately than court can reject her maintenance application...
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Adv. Rajesh Ramprasad Jaiswal
Adv. Rajesh Ramprasad Jaiswal
Buldhana | 5+ Answers
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Firstly the demand notice will certainly mention the grounds on which she has deserted the husband the reason why she had left home to not come back.
In which case we need to check the notice and deny the facts in toto..
Kindly get in touch
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Adv. Parth S Barot
Adv. Parth S Barot
Mumbai | 5+ Answers
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The husband needs to reply to the notice and deny all the allegations and ask the wife to come and the side with him and perform the matrimonial obligation feeling which your husband will have you option but to file a petition for restitution. In counselling also he has to show his willingness to reside with his wife.
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Adv. Neelkanth Goswami
Adv. Neelkanth Goswami
Thane | 400+ Answers
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Section 144 BNSS provides that a wife may be denied maintenance if, among other grounds, she refuses to live with her husband without sufficient reason. The husband can also show that he genuinely offered to maintain her and resume cohabitation, while the wife refused without just cause. �
Cytrain +1
Possible defence for the husband
The husband should file a proper reply and produce evidence showing:
The wife left the matrimonial home voluntarily on multiple occasions.
Each time, the husband made efforts to bring her back.
After leaving in October 2025, she has remained away for almost a year.
The husband is still willing to keep and maintain her as his wife and has not refused cohabitation.
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Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
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