No allowance if wife walks out
Bhadra Sinha, Hindustan Times
Email Author
First Published: 01:59 IST(18/11/2009)
Last Updated: 02:06 IST(18/11/2009)
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 VS Sirpurkar on Monday said, “You left the matrimonial
The court upheld a
The woman had left her matrimonial home and minor children in Jind, Haryana, in 1998, accusing her husband of demanding dowry.
She then moved a local court seeking divorce on the ground of cruelty. Her husband filed a petition for the restitution of his conjugal rights.
In 2003, the court dismissed her plea for a legal separation. Despite a judicial order, she did not return to her husband.
A year later, the woman approached the court again, asking for divorce — on the ground that she was living separately — and maintenance. Though her divorce plea was granted, her appeal for maintenance was turned down.
