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deep Sharma (Law Student)     03 June 2013

No maintenance to daughter in law if she staying her in laws

Dear Peers,

Does any have  judgement which says:

“No maintenance to daughter in law, if she is staying in her in-laws house”.

Or any similar kind of Judgement.  Please share it with me.


Thanks & Regds..

Deep Sharma


 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 June 2013

I am also in need of such judgements.  Kinldy upload it,learned members.

adv. rajeev ( rajoo ) (practicing advocate)     03 June 2013


Here is the supreme court observation.  I dont know in which case. Thanks to Divorce: law and PRocedure website.

Supreme Court of India: ‘No alimony for woman who desert husband’

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.”


Thanks to 


living in matrimonial home and asking for maintenance from whom? In-laws or the husband??? Kindly provide case details.

deep Sharma (Law Student)     03 June 2013

from the husband.






Is it your own case?  Can I get to see the scan copy or can you reproduce it here after removing names or you can contact me on my mail id too, check PM.

Adv k . mahesh (advocate)     03 June 2013


Unknown vs Parul Nahar & Anr on 5 February, 2013

go through this latest judgment  i got it but i could not read it 

if it is useful go thruogh this 

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