Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 03 January 2011

No allowance if wife walks out

Bhadra Sinha, Hindustan Times
Email Author
New Delhi, November 18, 2009

First Published: 01:59 IST(18/11/2009)
Last Updated: 02:06 IST(18/11/2009)

A wife is not entitled to maintenance if she walks out of her matrimonial home willingly, the Supreme Court has said.

Dismissing a woman’s petition seeking Rs 4,000 as monthly maintenance from her former husband, a bench headed by Justice VS Sirpurkar on Monday said, “You left the matrimonial GA_googleFillSlot("ht_story_top_lhs_200x200");home on your own and now you want maintenance. Is this the law of the country? What is the justification for your staying separately?”

The court upheld a Punjab and Haryana High Court order denying maintenance to the petitioner since she had not gone back to her husband.

The woman had left her matrimonial home and minor children in Jind, Haryana, in 1998, accusing her husband of demanding dowry.

She then moved a local court seeking divorce on the ground of cruelty. Her husband filed a petition for the restitution of his conjugal rights.

In 2003, the court dismissed her plea for a legal separation. Despite a judicial order, she did not return to her husband.

A year later, the woman approached the court again, asking for divorce — on the ground that she was living separately — and maintenance. Though her divorce plea was granted, her appeal for maintenance was turned down.

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13 Replies

(Guest)

who says Indian law is gender biased?

Gajender Singh (ca) 03 January 2011

if you say they are not, can i file 498a or dv against my wife?

(Guest)

yes. you can't....

(in the same way an Indian wife can't sue her husband or his mistress for adultery)

Gajender Singh (ca) 03 January 2011

SO it contradicts your assumption in above post
(even husband cant sue her wife for adultery)

(Guest)

but husband can sue her illegal partner which wife can't do..

judgements are not gender biased

Praveen Kumar (Not working) 04 January 2011

Hi Bhaskar,

It would be great help if you can give reference no this case. I mean case no. details

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 15 January 2011

I will have to search.Don't worry i will try my best and do the needful.

Thanks

VictimOfBiasLaw (Professional) 16 January 2011

Hi All LCI,

but no wife will ever tell that i myself walkout from my husband house.

she will filse false case of DV and put allegation of harrasement and dowry.

this is the same situation in my case.

my wife put false DV case against me / my parents after 11 months of my marriage.

now asking for huge maintainence under sec crpc-125.

now i can't stay with her after this false case as i know even if i say yes today , tomorrow she will put more serious case on me to get more money and property from me.

how can one prove that she is walkout.

what to do now ? ,

Praveen Kumar (Not working) 16 January 2011

But she will also have o prove that you forced her to leave the home and did cruelty against you. Her statements wont be suffice. is she working? was she working in past? how much is she educated? If answer is yes, then you prove this. In your reply to 125 CrPC just maintain that she has deserted you without any cause and you are willing to habitate with her. The moment you say this the onus is on her to prove cruelty. But is there has been any physical toture and she has medical certificate then you are in trouble. Also try to show yourself on low income, so that even in worst circumstances you have to pay low amount.

Praveen Kumar (Not working) 16 January 2011

Hi Bhaskar,

Thanks. I did search for the same. I was able to find. The details are below. I hope it will help others. I am available to help and guide others who need my help

Special Leave to appeal (Crl)… 2009, CRLMP No(s) 18899 in the case of Poonam versus Mahender Kumar- Coram: Hon’ble Mr. Justice V.S. Sirupurkar, Hon’ble Justice B. Sudershan Reddy)

VictimOfBiasLaw (Professional) 16 January 2011

@@ Praveen Kumar sir,
Please find My Case Details at last

My DV case is weak ( my wife position is not strong ), even judge tell my wife that this is simple dispute and complexity of relation better u understand and adjust. and also to my parent to forgive everything and restart this relation as i married just before 1 year.

she filed case before 1 year and case started now after 1 year , during this 1 year she forced before judge to appear me in court and demanding to capture passport of my parent but court didn't accept her request and give passport decesion in my parent favor.

Your query and my reply

1 ) But she will also have o prove that you forced her to leave the home and did cruelty against you. Her statements wont be suffice.

Ans : no she don't have any proof that myself or even my parents ( age : 70 +) forced to leave her.
but at the same time she mentioned in her reply in court that she want to continue her marriage life with me but i am not ready and my parent throw away her from my house when i was out of india.
Now even if i take her back in future she will file another serious case to get more money and property through DV case.

2) is she working? was she working in past? how much is she educated?

Ans : she is Bcom + LLB and diploma course in finance , she worked for 2-3 months but i don't have any proof .right now she is not working

3) In your reply to 125 CrPC just maintain that she has deserted you without any cause and you are willing to habitate with her.

Ans :( Note : My crpc-125 is not yet started but in DV case my lawyer put this reply on behalf of me )
my lawyer reply that i was willing to continue marriage life with her and try to reconcile all dispute , even if our attemt to resole all issue she put DV case against me and my parents for financial gain so now i can't continue marriage life with her

4) But is there has been any physical toture and she has medical certificate then you are in trouble.

Ans : No, there is no physical torture ,no mental torture and she don't have any proof/medical certi . ( all r false and not even false proof ) , i live with her very respectfully and myself/my parent didn't ask for a single rupee before marriage or after marriage

5) Also try to show yourself on low income, so that even in worst circumstances you have to pay low amount.

Ans : She know where i m working and i m working in wellknown IT company. i m right now out of india. she is asking huge money by converting foreign Ccy into INR
How can i show my income low ??

My Case Details are below :

1. i married in dec-2008 , but my wife and their family interested in my money

2. after marriage within 1 week myself and my wife moved to other city/state where i was working and stayed together for 10 months on rental house ( not with my parent , my parents were in my home town )

3. after 10 months Sept-2009, i have to go to abroad for my job related work , before i left india , i kept ready my wife VISA and passport so she can join me after some time.

4. but in nov-2009 she asked for money for her and her family which i denied , so she put false domestivc violence case in Jan-2010 against me , my parents

When she put this case i was out of india and even today i m out of india and never apper before court as my lawyer defend for this.

5. Case details : in case she mentioned that

5.1 I get transfered abroad intentionally and left her alone in india

5.2 during Sept-2009 to Dec-2009 my parents harrase her , throw away from my house and ask for money

this is totally false so she don't have any evidence

5.3 she also mentioned that during her stay with me for 10 months , i slapped her

5.4 she ask for share in parent house and 1/3 from my income , i don't have any property or house in my name

5.5 At the same time she is claimimg that she is redy to come with me.

Now in documents she put my bank statement with false bank stamp and signature and i have in written from bank manager that this statement sign and stamp is fake and one of the figure is altered.

another list of gold ornaments on blank paper , no bill , no details of gold shope ( these r all false)

6. i have filed complaint to same court / judge under sec 467,468,471 for fake bank statement

Till today this is status , Thats all

Praveen Kumar (Not working) 16 January 2011

The fact is she is legally wedded and if you dont want to stay with her you will have to do some out of court settlement leading to divorce. You will have to pay her some money as alimony. the legal dispute will not give any solution. you dont even have a reason for a divorce as she says she is willing to stay with you. You cant say that you are not willing to stay with her.

The best option could be settle down abroad if she does not agree for divorce settlement of if you dont want to continue marriage

She can't claim in your parents property.

I am also suffering like you but have limited options. The Indian laws are tilted towards female and legal case takes long route and it will ruin your life as well