Wife can not entitle for maintainence
pushpakrishna
(Querist) 12 February 2012
This query is : Resolved
Dear experts,
please refer some journals are citations/rulings on the above subject.freferbly hon'ble SUPREEM COURT. OR kindly advice suitable guidence.thanq.
Raj Kumar Makkad
(Expert) 12 February 2012
NO ALIMONY IF WOMAN WALKS OUT ON OWN ACCOUNT: SC
A wife is not entitled to maintenance if she walks out of her matrimonial home willingly, the Supreme Court has said.
Dismissing a woman's petition seeking Rs 4,000 as monthly maintenance from her former husband, a bench headed by Justice V.S. Sirpurkar on Monday said: "You left the matrimonial home on your own and now you want maintenance. Is this the law of the country?
What is the justification for your staying separately?" The court upheld a Punjab and Haryana High Court order denying maintenance to the petitioner. The woman had left her matrimonial home and children in Jind, Haryana, in 1998, accusing her husband of demanding dowry.
She then moved a local court seeking divorce on grounds of cruelty. Her husband filed a petition for restitution of his conjugal rights. In 2003, the court dismissed her plea for separation.
Despite a judicial order, she did not return to her husband.
A year later, the woman approached the court again, asking for divorce and maintenance. Her divorce plea was granted, but her appeal for maintenance was turned down.
A wife is not entitled to maintenance if she walks out of her matrimonial home willingly, the Supreme Court has said.
Dismissing a woman's petition seeking Rs 4,000 as monthly maintenance from her former husband, a bench headed by Justice V.S. Sirpurkar on Monday said: "You left the matrimonial home on your own and now you want maintenance. Is this the law of the country?
What is the justification for your staying separately?" The court upheld a Punjab and Haryana High Court order denying maintenance to the petitioner. The woman had left her matrimonial home and children in Jind, Haryana, in 1998, accusing her husband of demanding dowry.
She then moved a local court seeking divorce on grounds of cruelty. Her husband filed a petition for restitution of his conjugal rights. In 2003, the court dismissed her plea for separation.
Despite a judicial order, she did not return to her husband.
A year later, the woman approached the court again, asking for divorce and maintenance. Her divorce plea was granted, but her appeal for maintenance was turned down.
Advocate. Arunagiri
(Expert) 12 February 2012
I have also searched for the case law. I could see only newspaper news.
I could not get the case law.
