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

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

New Delhi, Nov 18

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?”

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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.”

125 thoughts on “Supreme Court of India: ‘No alimony for woman who desert husband’

  1. sir my wife is like pycho and after 8 month marriage she despertly want to live seprate, and she used to drink fenol also to blckmail me,she drink finol when she is 7 month pregant,only to go saprate,when i have taken to hospital doctor said there no simton of finol in body she is only take finol in her mouth to threating u to get saprate, even doctor gave medial certifacate to me there no poison in body. the police have taken her statement and she said by mistake she drink the finol, i m fed with her , i have many call recording that i had called her many times to house , even i have went to muslim jamat but jamat said that she want to live saprate only now she dont want to come. my father is expired when i was very small i m only support to my family,
    now she is staying with her mother form 2 year,even i have called her many times to return back to my house but she not ready,she want to live sperate,
    how can i take cusody of my child form my pycho wife
    and how can i take divorce from her

  2. please send me the link or pdf file so that i will get the judgement

  3. Sir,
    I got married 2014 after 3 months due to so much physically and mentally harassment I came back to my home and now I am living with my family.my divorce has been finalised 2017 jan. Still he didn’t give me any maintenance charge. Dowry and cyber crime cases on him is going on.
    I gave a exam.i am eligible for divorcee woman category but that time case was going on.i didn’t have certificate that time. But now I have certificate and still gov. give posting for that post. 3 years I didn’t take a pie of maintenance from him and I also don’t want. Any rule is there that I get the job.

    Still gov. didn’t give any posting. So any chance.

  4. Live like a Real women, dont beg for money from him.
    and let us know which job you ar erefering

  5. RPSC school lecturer exam held on 17 July 2016
    Result has been declared Dec.2016
    My awaiting result for kendriya vidyaly tgt.
    I didn’t apply divorcee cota same in this exam. Now what can I do?
    Problem is that my father wants to throw out me from his house.i am living father house like a slave. I can’t say this in court. Really I don’t have any support. I can’t do any job in my village and I can’t go out. Now tell there is any procedure for such type of woman.

  6. You left husband home and living with Father, and Father also dont want you. now Question is why you want Divorce.
    You can approch http://ncw.nic.in/ but do not try to file FALSE CASE

  7. Sir now I am divorcee and nothing is false. My husband is so cruel. I am asking about my job.

  8. Madam; if you really harassed and if you have proof then you can file complaint with Police against Husband;
    You can approch http://ncw.nic.in/ also.
    there is FREE legal service in every court, they will guide.
    but DO NOT TRY TO MISUSE LAW.

  9. Sir my question is only for my job..my divorce has done. Now no matter for complaint .

  10. I am not sure about if there is any scheme for Divorced women or Quota for divorce

  11. i got married on june 2012.since that me and my wife were happy we got a 2 years old boy kid
    recently we had small small disputes that usually happens between husband and wife i drink rarely but i dont torture her but last month she went to her native and never turned back i tried to contact messaged her no response i spoke to her uncle he said she is not happy living with
    you and i beat her but those are false statement my our kid is with me at this stage can she claim custody for our child and what i should do to bring her back to live with me

  12. dont call her, keep child with you and raise, till she is away for 2 years or child is 5 year old file for Divorce and custody, never ever allow her to take child

  13. Sir, Iam S.A.S.S. I got married in 2012 August. After marriage she stayed with my family only two to four months after that she made quarrel with my mother and i was forced to come out my family . We lived one year. On june 2014 my mother-in-law came to my house and made quarrel with me and took her daughter to her native place. Now we filed a suit for getting decree of divorce. They filed a maintenance. Before divorce decree the court order to pay monthly maintenance of 3000 per month. can i got to high court to appeal. can i get any relief as woman deserted the husband.

  14. My left me after three months of marriage n now she blaming me . I met with accident and had gone througn a major surgery. She left me after 1month of my surgery. After marriage we only live for three months were i met with accident after 1 n half mont she waithe for more half month and thn she left.
    We never fought and ever thing is going smoothly.
    Can he demand for alimoney

  15. Sir i Manishankar from kolkata, im married 4july 2009. have 5yers daughter.after 5yers i came to know she love another man.she relation with this man before marriage.After i come to know all this i leve my house after my leaving she go to her father house with my daughter. After that she not contact with me.now she get married her ex lover without divorcing me. Now 3yrs later i wnt to get married. But my lover tell she wnt married without my legal divoce. What i do? She cheat me can i gate divoce witgout out any problem or get my mother jewelary return. after some incidence i realise my marriage registration is also false

  16. Hi,
    Our family is also a victim of False 498A in addition to many other false allegation which says harassment,sitridhan, sexual abuse etc she has also put in her FIR that we are asking her to do prostitution job to earn money.
    She is a divorcee and got 25 lakhs money form her first divorce settlement. Now after her second marriage she is again playing same trick to take money by filing false 498A case for entire family. please advise what to do future.

  17. I,husband file a divorce petition in Family Court, Delhi and paying maintenance under section 24, in the process she file a D V case against me after ten years apart and she is living in matrimonial house and I am living with my parents (She is occupied my House, infact she wanted to keep me away from house and also wants monetary benefits from D V. Case. what to do know.

  18. 498a 3/4 के मामले से मैं आरोप मुक्त हुआ । विरोधी पक्ष शिकायत वाद दर्ज करा दिए जिसमें मेरे बड़े भाई और भतिजी को यह कहते हुए कि पुलिस ने चार्ज शीट से इन दोनों का नाम हटा दिया ऐसे में क्या करना चाहिए ।

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