Parth Chandra (none) 26 August 2010

citation/judgement needed - Urgent

Respected Experts,

I would be very greatful if someone can give me the citation/judgement of supreme court on Poonam vs Mahender Kumar case. I found below details on many of the forums/websites but unable to get the full copy of judgement from anywhere.

I am need of this judgement. Please help.

"Supreme Court of India: No alimony for woman who desert husband - By Savio Pereira ⋅ November 19, 2009 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 Courts 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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20 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 August 2010

Very good , so some more efforts and post citations for benefit of others.

Arup (UNEMPLOYED) 26 August 2010

sashi ji,

mr. pc needs the judgement order.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 August 2010

So I have requested him to do some more efforts and post citation.

Arup (UNEMPLOYED) 26 August 2010

he is a common man, pray for help.

(Guest)

1. There is a Law Journal called Non Reported Cases. He should visit Bar Counc. Lib. (as ld. advocates here may not like to share the same form their library !) and take Xerox of the same.

2. Actually it is the fault of the Registry of Hon'ble SC (can't blame I have seen them workign till very late hours too) not to upload Days Order / Judgment.

Parth Chandra (none) 27 August 2010

Arun Kumar Ji,

Are you aware about any other details about this case like Case number/judgement number etc. which can help me in locating this judgement from Bar counsel library?

Moreover I live in Gujarat, so do I need to visit Gujarat Bar Cousil Library or there are other bar cousil as well based on various cities?

(Guest)

1. Visit any local BCL (other than HC as you need a referral from an Advocate ot visit HC Lib) and ask helper there to dig out the parties citation from NOC he will do the needful and pay him from out of pocket according to scale of satisfaction / usefulness in yoru case facts !

2. OR put your Advocate on this task.

Sanjeev Kuchhal (Publishers) 28 August 2010

Some confusion is there regarding the news report. In the said case no detailed order was passed. Sometimes news reporter make the reporting of the facts stated in the open court. Please find attached the copy of the order passed by SC.

Attached File : 24 24 sc1.txt downloaded: 485 times

Parth Chandra (none) 30 August 2010

Below is the only text I could collect from SC Website. I came to know that SC has given only this much order and for detailed order I need to find Punjab & Hariyana HC judgement (From the judgement and order dated 19/03/2009 in CRM No. 24684/2008 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) where Mahender Kumar is petitioner and Poonam should be respondent.

I tried to find the same (https://highcourtchd.gov.in/) based on the date/crm no/petitioner/respondent etc. combination from but could not find the same. Can any of the expert help in in finding this judgement from Punjab and Hariyana HC?

***************************************************************************
ITEM NO.31 Court No.10 SECTION IIA

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl)... 2009
CRLMP.NO(s). 18899

(From the judgement and order dated 19/03/2009 in CRM No.
24684/2008 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)

POONAM Petitioner(s)

VERSUS

MAHENDER KUMAR Respondent(s)

(With appln(s) CRLMP 18899/2009 c/delay in filing SLP

Date: 16/11/2009 This Petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE V.S. SIRPURKAR
HON'BLE MR. JUSTICE B. SUDERSHAN REDDY

For Petitioner(s) Mr. S.N.Pandey, Adv.
Mr. Chander Shekhar Ashri,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following
O R D E R

Delay condoned.

The special leave petition is dismissed.

(Shashi Sareen) (Shashi Bala Vij)
Court Master Court Master

********************************************************************************************************

Arup (UNEMPLOYED) 30 August 2010

It is a criminal case.

“Case no - CRM No. 24684/2008

Judgment and order dated 19/03/2009.

The High Court is - The high court of Punjab & Haryana, at Chandigarh

Poonam … Petitioner

VS.

Mahender Kumar … Respondent”

The above information, which you collected from internet, is sufficient. You claim at, your court with the above information with the story, in short. According to CPC it is presumed that a judge will automatically take notice of any judgment. No need to put the details. If you have then put it, if you don’t have, then put the above information, - it is sufficient.

I searched again, but no more information available.

1 Like

Parth Chandra (none) 31 August 2010

Thanks a lot Arup Ji for your efforts.....but I wish I could get the judgement so that the reasoning part of this judgement can be pointed out to the judge in my case......because I have read from various sites that the judge clearly says that If you can't proove cruelty than can't get maintenance because husband is ready to take you back....and above judgement of SC simply endorse HC view...so It would be great if we have HC judgement with reasoning and SC judgement dismissing the appeal of wife.......anyways I would try my best to find HC judgement till my date of argument and would paste here if I find anywhere...

Meanwhile I again request the legal expert to help me in finding this judgement from Punjab and Hariyana HC as this is a landmark judgement which has Supreme court's endorsement......I know there are very few other HC judgements but that might not have Suprement court's appeal.....and that is the reason why this judgement is important.