Showing posts with label who Left House. Show all posts
Showing posts with label who Left House. Show all posts

Tuesday 28 April 2020

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.

Read full Judgment »

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