women
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?”
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.”
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Requried case of Ponamm and mehender jan 23,1992 of PUNJAB AND hARYANA COURT .
Good judgement. But i’m not able get the judgement from net/from supremecourt website. Can anyone please send/share the judgement to me if you have. my mail id: greatermails@yahoo.in. Thanks.
//CHECK OUT ON http://mynation.net/docs/ or ask them in their forums. — eDitor
my friend is a handihapped lad, a girls promised him, that she will never quit him for ever and showed him all fancy in the world and compelled him to marry her without the knowledge of her parents. The poor handicapped boy unable to avoid her continous instigation fell in love with her and married her. she lived with him 2 1/2 yrs. He gave full freedom, to work anywhere and even let her to visit her parents. But suddenly she quits him one day, now staying with her parents and filled a case against him under curelty. The parents well planned this, instigating her to file a case against him. I know him many yrs he is such a nice fellow and love her that much. To him she is his world. He dont know what to do, now she is even asking him maintance also. I saw a Tamil newspaper regarding this a decision on maintance, so i search in the website. But i didn’t get full information. So who ever read this mail, kindly send full info regard the case. It will be useful to a handicapped lad, to solve the cunning girls cruelty. pls help me. even i beg the website to come forward to give the full info. I hope to get a mail. thank you. with regard, C. Dennis.
Good decision. No one should be allowed to take advantage of law.
a rational judgement. Can I have ta copy of the judgement