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No Maintenance for Wife who Left House without Reason and cannot Prove Cruelty

No Maintenance for wife who left house without reason and cannot prove cruelty - Bombay High Court

Posted: 25 Sep 2016 07:07 AM PDT


BOMBAY HIGH COURT
(Aurangabad Bench)
Before :- V.R. Kingaonkar, J.
Criminal Revision Application No. 226 of 2002
NUTSHELL
Wife left matrimonial home and claiming maintenance from husband - Wife not restoring conjugal rights despite order of court - Not entitled to maintenance.

Sanjay Sudhakar Bhosale Versus Khristina w/o Sanjay Bhosale dated 8.4.2008

For the Petitioner :- Mr. Gopal D. Kale, Advocate.
For the Respondent :- Mr. N.K. Choudhari, Advocate holding for Mr. R.N. Dhorde, Advocate.

Criminal Procedure Code, Section 125 - Wife left matrimonial home within five months of marriage and claiming maintenance - Maintenance refused - Evidence showed that wife left matrimonial home under burden of domestic chores and did not restore conjugal rights despite order of court - Contention of wife that she lodged a complaint with police regarding cruelty by husband - She could not prove this fact - Wife's application under Section 125 of the Cr.P.C. is dismissed. 2003(4) RCR(Crl.) 189 : 2004(1) Apex Criminal 444 relied. [Paras 10 to 13]

Case referred :
Deb Narayan Halder v. Smt. Anushree Halder, 2003(4) RCR(Criminal) 189 : 2004(1) Apex Criminal 444 : 2003(3) B Cr C 286.

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