Maitenance 125 CrPC

Dear Ajay,

As per SC:-

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.

For more discussion and queries u can call me at 9871158578. 

Any how your wife has filed maintenance case on you after 9 years.  You hae to file an objections for that you take all in your objections what your wife doing all the 9 years, .  She has to prove there is an willfull neglignece by you.

Hi Ma'm

Thanks for your precious reply. It's very valuable for me.

If possible, can you to please send me the citation or copy of judgment referred by you in your reply, ?

Thanks again.

Regards

Ajay Sharma

https://courtnic.nic.in/supremecourt/temp/pr%201889909p.txt

Hello Ajay,

First of all do you have proof of all the efforts made by you to bring her back.How come you wait for 9 long years. If you are interested to stay with her back then first send her letter with Reg. Post with A/D and wait for some days and even if you dont get any reply then send a legal notice from a good,honest criminal lawyer.

Still if you dont get response then file RCR from Family Court/Dist Court.Send her show cause notice to come and join you and show you interest.

She will have to come to court from the courts order.Then see what happens in the first hearing.If she is not willing to stay with you or you are also not willing to stay then file for mutual divorce.      

If she has left house without any reason then she will not get maintainance and also try to win the RCR.

No one can force her stay with you if she/her family & well wishers don't want.So take steps accordingly.

Also join SIFF and go to their meetings so that you will get to know more legal options.  

@Can some one put the judgement of the case with Mam' Rakhi has put. 

@Ajay Sharma

Section 125(4) crpc, 1973

(4)               No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent.

 And follow the  Sup advise that he gave above.

@Sup

I didn’t find judgment but I find the party name that is useful in such a cases.

 https://www.deccanherald.com/content/36709/no-alimony-woman-desert-husband.html

'No alimony for woman who desert husband'

New Delhi, Nov 18, DHNS:

In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance.

Upholding a decision of the Punjab and Haryana High Court, a bench headed by Justice V S Sirpurkar said the law of the land did not allow maintenance in cases where the wife deserted her husband, children and the matrimonial home.

In the case before the Punjab and Haryana High Court, Poonam, who was married to Mahender Kumar of Jind on January 23, 1992, left her matrimonial home on March 18, 1998, alleging harassment and dowry demands. She also left her children.

Poonam later moved the family court, seeking divorce on grounds of cruelty. But Mahender Kumar filed an application before the court on February 20, 2002, praying for restoration of conjugal rights under the Hindu Marriage Act.

She did not respond to the application, and Kumar was granted ex parte decree as it was construed that Poonam would not return to her matrimonial home.

Fresh appeal

Two years later, Poonam approached the family court again, seeking divorce — on the ground that she was living separately — and demanding maintenance.

Though the court granted her divorce, her appeal for maintenance was turned down.

The Supreme Court bench 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?”

No ill-treatment

When the case reached the Supreme Court, Poonam challenged the Punjab and Haryana High Court’s decision, seeking maintenance of Rs 4,000 per month from Mahender.

The high court judgment said she had failed to prove that she was ill-treated by her former husband.

Additionally, the court observed: “Failure of the petitioner-wife to justify her decision to stay away from the respondent-husband and two kids shows that she had left society of the respondent on her own accord.”

i have already posted judgement here above, click on the hyperink .

SC- 'No alimony for woman who desert husband'

@Avnish Kaur

Thanks for giving the judgment as i cant find it in google so thanks avnishji.