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.”

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

  1. Requried case of Ponamm and mehender jan 23,1992 of PUNJAB AND hARYANA COURT .

  2. 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.

  3. Good decision. No one should be allowed to take advantage of law.

  4. anyone knows about supreme court rulling about ‘No alimony for woman who desert husband’

  5. My wife has deserted me . We had a marriage of 4 years and during this time she had left my home for quite a number of times and everytime I have to go his in laws house and tolerate humiliation and abusive languages and then got my wife back .My wife has made it a habit and now I am tired of doing the same.

    She always demands for a huge alimony and also says that if I am not ready to pay she will claim interim maintenance and fight a strong case againist me .
    Also she threatens me to put behind bars using 498A.

    She is 32 yrs of age and she knows the law much better than I do as I get a salary of 45k she demands 35% of it.
    Now my question is as I am under financial pressure due to a house loan . Can she claim any alimony considering the fact she is well educated ,have a chance of remarriage, donot have any child and also our marriage can’t be considered as a long term one as it is <10yrs.

    Is getting married in this country is something like a trap if u r not married to the right person.

    I know the law has strengthened woman's rights , but do we men have the right to live life ,does our legal system in India give us any right.

  6. FINALLY A JUDGE WITH COMMON SENSE: I WAS BEGINNING TO THINK ALL JUDGES WERE IDIOTS OR/AND CORRUPT OR/AND EVIL. THERE IS A SAYING THAT GOD MADE MAN, BUT THE DEVIL MADE WOMEN, IS WHY MOST WOMEN ARE DISHONEST, WHILE MOST MEN ARE HONEST, IS ALSO WHY MOST MEN ARE DIRECT, WHILE MOST WOMEN USE REVERSE PSYCHOLOGY, MEANING STUPID MIND GAMES, CONSTANTLY.

  7. It is high time to implement e-high courts in all sessions divisions(Districts) and e-supreme court in all state capitals

    including nominating competent lawyers from district bar associations.for appointment as judges

    There is no boundary to western area of Odisha.each and every district of Odisha is having own cultural and economical background,there is a ancient guideline called Jaswant Singh commission appointed by our central government since long and according to his report he suggested five point guidelines for opening of a permanent bench of Odisha high court.1-the area must be more than 400km away from cuttack 2-the area must be a poor area with sc/st people 3-there must be rail and road link to cuttack 4-there must be some infrastructure of Judiciary 5-there must be proportionate percentage of cases pending before the Odisha high court.

    So Kalahandi is the proper place to get the permanent bench of Odisha high court…..but the writ judgement passed by hon’ble Odisha high court that there is no need of setting a high court bench at western region of Odisha, no one has gone to supreme court against that order .

    Now the technology of our nation is the best in the world….following our technology, president of US viewed the operation of US army/CIA at Afghanistan…pakistan. we can utilize this technology in all 30 districts of Odisha, we can call this “E-HIGH COURT” through video conferencing all the matters like writs, appeals and revisions can be heard by Judges at Cuttack and we can file our documents and cases before the registrar of our respective district judgeships and we can get our orders at our places without any travel,lodging,fooding and other costs.There no need of vehicles for judges,building for court,staff recruitment etc.

    Now a days every collector of the district is talking with the CM and PM every day and the investment is 30 lakh per district.

    We can only invest one crore per district and ten crore at high court building…..in total only 40 corore is required for entire Odisha for thirty e-high courts in thirty districts.

    Now in my view we really do not want to be exploited by any elder brother by the name of area,caste,creed or religion .

    yours
    Lokanath Nayak
    President
    Kalahandi Bar Association
    Bhawanipatna-766001
    mail-lokanathnayak@hotmail.com
    LOKANATH NAYAK

  8. i got married in1991 & have 2 children.ihad hip joint replacement in nov 2005.at that time we were living in rented house(2 floor)since after my operation iwas restricted to gf with my parents.since my living with my parents was not appreciated by my wife &inlaws,iwas forced to move to (2f)rented house.due to my surgery i was out of job,for which i insisted my family to move to my parents,which was againn resisted by my family &inlaws.but due to some cmplicationsihad to move to my parents house.on 3 june 2006 my family left me for unknown destination with in laws.they changed all contact numbers&address where i can find them.till date i dont know where they r&have not contacted me.since i lost my children iwentin severe depressin which resulted in seizures&other diseases.now it is going to be 7 long years what is the law of the land about maintanaice&marital property.iwould also like to add due to my illness i m out of job from last 4 years.KINDLY SUGGEST.

  9. Sir,

    One Manmohan Das a retired and corrupt Orissa Police Officer, who is the father in law of my son, rushed into our Bhubaneswar residence, leading a contingent of police men, abused us and was upto arrest us at midnight of April 3rd under totally false charge of dowry harassment to his daughter, i.e. my son’s wife. He would have hijacked us and perhaps killed us. Soon after marriage our son and his wife were staying at different cities of India and abroad, but never with us at Bhubaneswar. How are we booked for dowry harassment and how police came to arrest us without investigation ? I am 70 and my wife 65.

    In after marriage Joy repeatedly informed us that he was getting pressure from his wife and parents in law for securing a bank loan of 25 lacs. This pressure went on for years. After failing to secure 25 lacs from Joy, Manmohan Das has fabricated false charges against our whole family and is up to rampage and destruction. My son Joy who spent all his money for his wife whom he loves, is rotting in jail since last 16 days.

    Man Mohan’s son Manmath Das is a hooligan, who weilds a gun and fights on the street. He was threatening my son with dire consequences. We need police protection against Man Mohan Das’s son and his friends. In spite of our FIR, those people are not arrested.

    Regards, Sincerely, Jyoti Patnaik.

  10. its a good decision. Please send me copy of this decision.I am an Advocate and I am having a similar case with me. so plz send me a copy of this decision.Thank you

  11. good decision .im advocate from karnataka.plz send me a copy of this order, since im having a similar case with me. thank You

  12. I need advice regarding how to file for divorce in India, while I am in US and husband not providing the spousal and child support. My marriage has been now 5 years old and I have a 4 years old son. We got married in India in Sept, 2007 and then I came with my husband in US and got married here in US too in Dec, 2007. After couple of years later of my marriage I came to know my husband is womanizer and most of the time he physically and verbally abuse me during these years of my marriage. But I was totally helpless to complaint about all his cruelty because he said, he will not file my Green Card.

    Now I am waiting for my Green Card response from USCIS and also applied for divorce in US which is under process, but I need to file the divorce in India and I don’t know how to file from US. Do I need to come here in India to file for divorce? My husband will never come here in India for divorce, so without his presence, how could I file divorce in India and my wife share and child share in his Indian property.

    Please help me and advice me how could I start all this without coming to India, as my husband house in India is captured by his sister( whereas she has her own flat, but she is leaving in our house) and she is not allowing me to enter in my husband house.

    I need justice for me and my 4 years old son in my husband’s Indian property.

  13. As you are married in US, and whatever abused happened in US will not apply to Indian law, unless you file petition in US, then you can fight same case here in India, as per US laws decisions, as you are still Indian citizens. If you have US citizen nothing applies to India. only Child can claim inheritence only.

    these are our views, for more consult legal persons or post it here http://advice.mynation.net

  14. Mr. #13 Jyoti Patnaik :

    Apologies since I am writing to you so late since i inly found this blog today. I think you need the support of SIF. Please follow their footsteps and if possible visit their office.

  15. 498a is a dangerous law giving great power to police to arrest husband and his female relatives and create havoc, once a woman accuses of dowry harassment. 98% of such cases are false. Manmath Das and his father Manmohan Das misused police connection and tortured and looted a young man booking false 498a case. Is this law intending to destroy Hindu families?

  16. 498a is a law to help unscrupulous women to plunder and destroy husbands.

  17. Women Right activists who support draconian provisions of 498a forget that protecting one wife means putting ten women, mothers in law, sisters in law in jail. When 99% are false cases, it is clear that police is directed by criminals.

  18. Fortunately some intelligent police officers are neglecting 498a dowry harassment cases because 99% are false cases.

  19. dear sir
    am suffering parelass scence 3 years, her levining me , am ok fr sex condation, i can satify her,but my mother in law planing grb money from my side,
    1, am stll taking medican2, no properties,no job, there isright to give a manitains,?
    please update about maintain, if can how much i can pay minimum.
    regards
    devi prasad.s

  20. WHAT ABOUT WHEN MAN DESERTS HIS WORKING WIFE? WHAT PROCEDURE SHOULD BE TAKEN BY WIFE AND WHAT ALIMONY SHE WILL GET IF SHE IS NOT EVEN INTERESTED TO TAKE DIVORCE AND WANTED TO LIVE A GOOD LIFE WITH HUSBAND. HUSBAND HAS BAD INTENTIONS AND LEFT THE WIFE WITHOUT INFORMING HER. WHAT IMMEDIATE STEPS SHE SHOULD TAKE.

  21. #22,SHAAN. Hello, I thank you for your response. I dont know what SIF stands for. However, I observe vast opposition to provisions in 498a. People say the country of Gandhi and Nehru has become a country where criminals direct police to torture innocents. Yours Jyoti Patnaik.

  22. For information the Hon’ble Supreme Court of India in Special Leave Petition (Criminal)No.8854 Of 2009 in ‘POONAM Vs. MAHENDER KUMAR’ on 16/11/2009 in the MATTERS RELATING TO MAINTENANCE UNDER SECTION 125 OF CR.P.C. after condoning the delay dismissed the Special Leave Petition and thus approved the Judgment & Order dated 19/03/2009 in CRM No.24684/2008 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH).

  23. Sirs, Let us come to facts. Indian society is a degraded society steeped in corruption and crime for centuries. In order to save wives from dowry related violence, govt made 498A a drastic section. This corrupt society has been misusing this law to plunder and kill husbands. Criminals use police and put husbands and their relatives behind bars. 99% of 498a cases are false.People have become afraid of marriage.

  24. We pray before Hon’ble Supreme Court for nullification of feminist NAZI law 498A.

  25. HON’BLE SUPREME COURT ! SAVE INDIA FROM A POWERFUL ANTI NATIONAL FORCE, WHICH HAS JAILED, PLUNDERED, DESTROYED, DEMORALISED AND RUINED VAST NUMBER OF INNOCENT MEN AND THEIR RELATIVES THROUGH NAZI LAW 498A MISUSE.

  26. SOME ANTI NATIONAL FORCE IS DESTROYING YOUNG MEN OF INDIA, CALCULATEDLY AND SPEEDILY. DANGER LOOMING LARGE.

  27. By which year this judgement has been taken? where is the copy of the judgement? Without pdf copy this judgement how it can belive anybody? If there is pdf copy of the certified judgement please send to my email address : bidyutpal09@gmail.com

  28. BEING A SOLDIER I M ALSO HARASSED BY THIS FALSE 498A LAW MY COMMANDING OFFICER GIVEN ME CLEAN CHIT ON HER FALSE ALLEGATIONS BUT POLICE AND BLODDY CORRUPT LAWYERS AND LOWER COURT JUDGES ARE USING ME TO EXTORTING MONEY.EVEN THEY ARE NOT GIVING ME MY DUE RESPECT AS SOLDIER SERVING TO THE NATION.

  29. my wife left me from my govt qtr on 14 jul 2012 and she called me with wrong information of son;s ill health when i reached my in-laws house during leave they make conspiracy to kill me they snatched my personal belongings and i escaped myself by pushing my brother-in-law and his friends to escape myself.he got hurt on the head by brick wall.they with the help of local police & doctors trapped me in police station under sec 324,336,504,506 and 51 i got bail fm SDM next day and now they implicated me by this incident for 498a in court and asking for maintenance from IHQ MOD reply me on my mail add. while i filed for RCR.she replied to my dept due to danger of her life she is unable to live with me

  30. Can a women asked maintenance allowance from lower court if she is denied by the ministry of defence channel inquiry under army navy or airforce act. otherwise where she is authorised to go by aggrieving the dicision

  31. I am from mahrashtra,
    01/12/2002 I was married. 3 February 2004 I got a son. In 22 /07/2007 fevestival Rarkshabandan my wife went with father her parental home. That time she was pregnant about 2 months. After few days she not came that time I went & said come with me with our son that time she refused me and not came with me. In 4 March 2008 a child was born near my residence area hospital. My father and some relatives went her parental home with me that time she also refused & not came.
    05/06/2009 me & my brother went my wife’s father home & said come with us this time she also refused me and not came with me at this time she‘s father & big brother use bad word and beat me. After these instant I file N.C. against both them .When police call them that time my wife file a complain against me & my family demand of 300000/Rs.At mahila takair nivaran kendra at CP office.
    09/06/2009 I send a notice that came & co-habit with me she gave answer & also refused not came and she file DV2005 case against my family in these case she say that me & my family forcibly give abortion tablets & demand of 300000/Rs. for my service. In mahila takair nivaran kendra she also refused & not came. On 20/07/2009 she filed a criminal case under section 498(A), 323,504,506,34 in her parental police station demand of 300000/Rs. for my service but mahila takair nivaran kendra not recommended the criminal case.
    In 03/11/2009 she file a maintenance case under section crpc 125 in family court & same allegation as above. Family court grants the maintenance 1000/Rs for wife & 500/Rs each child. In DV 2005 JMFC delivered judgment partly allowed on18th Dec.2010 court gave medical expenses 15000/Rs for second time normal delivered & alternate residal accommodation 700/Rs. Compensation 3000/Rs. for the acts only from husband. In DV evidence she said that my husband take a private tuition & get 25000/ she’s husband is research student and the joint family have 10 areas agriculture land & get 600000/Rs income from land, two house & one house is given at rent get 10000 Rs but sir we have no agriculture land and I am not taking a private tuition . She also say that she is happy in her parental house & she desert me on 22/07/2007 with her father ,she’s husband is research student she not file any complain till 05/06/2009 for demand of money and any type complain in court & any police station or protection officer. At same time I file child custody in family court but petition was dismissed than I appeal in high court. After DV2005 judgment I was appeal in dist. Court & appeal was dismissed on 23/04/2012 than appeal was also rejected in high court.
    In 498(A), 34 cases JMFC convicted me & my parents & acquittal my brother, sister. And court acquittal me & my parents & brother, sister 323,504, 506, 34. The judgment come on 30/11/2012 I was appeal these order in dist. Court & case is pending now.
    My wife file a case in family court under section 18& 20 Hindu adaption & maintenance act on 30/08/2011. In her evidence she said that my husband take a private tuition & get 50,000/ Rs. and he’s joint family have 10 acreas agriculture land & get 1000000/Rs income from land, two house & one house is given at rent get 15000 Rs/but sir we have no agriculture land and I am not taking a private tuition & also said that she is happy in her parental house & she desert me on 22/07/2007 with her father, she’s husband is research student & he went university at 9 am morning and return at 8 pm at night. She not file any complain till 05/06/2009 for demand of money and any type complain in court & any police station. She adjunct 4 -5 dates.28/09/2012 court order that 2000/Rs.for wife & 1000Rs/ for each child from date on filling application date (30/08/2011) and 2000Rs/. Compensation but family court are not allowed advocate in this case. I was in high court against this order. The appeal is pending in H,C. in these matter court cannot give stay & refer the matter to mediator. In meditation wife demand 20 lacks and accommodation but I ready to give 3 lacks to wife and continues fixed maintenance to both child and rejected the accommodation. Mediator take the statement in written with signature of both.
    I am M.sc.B.Ed. Ph.D today I am clock”hour teacher in senior college.I am not taking a private tuition I am depend on my father I have no income source. Today I am not able give multiply maintenance. I want some citations for 498(A) and 18 & 20Section pls.help me.
    Any one have a citations acquittal from 498(A) , 18 & 20 Sec. Hindu adaption & maintenance act

    Pls.help me

  32. Hi,

    I got married in nov.2012. Within 3 month of marrige I come to know that my wife is in livein with some married guy before marrige and after marrige also continueing that relation. We never have a physical relation between us.when I come to know this she left the home and send me notice for alimony on basis of family harrashment. but the truth is this that its a dowry free marriage all the expenses are beared by me and i always supported her in a hope that she will understand family values. I am having all the proofs relating to my comment. now she is demanding 25 lacs alimony along with 30000 monthly and 8000 rent per month. please advice and send me some link of previous cases judgements that will help me out.

    please help me

  33. Instead of saying all these words ! SAVE INDIA FROM A POWERFUL ANTI NATIONAL FORCE, WHICH HAS JAILED, PLUNDERED, DESTROYED, DEMORALISED AND RUINED VAST NUMBER OF INNOCENT MEN AND THEIR RELATIVES THROUGH NAZI LAW 498A MISUSE. – you Genteelmen can marry without taking dowry!! You b good to others than others will do the same. Men and his family members does everything for dowry without even letting others no their actual intentions

    Whatever a woman does makes her look like she is cruel. Men create circumstances and u blame others!

  34. As far as my knowledge is concerned, no women ever complains against her husband without any harrassement. Please, don’t blame them unnecessarily. Try to understand each other. Both women and men are made by God for living other. If some thing goes wrong both are equivalently responsible. Do always remember you can’t clap with a single hand.

  35. #49 Krishna
    why there are so many 498a/DV acquitals ? if men where always wrong ?
    tell your women, file harassment case only if they are harassed. not dowry/dv case even there was no dowry demand or domestic violence

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