It was held that there were no justifiable reasons for living separately.
From Para 13,
13) According to Respondents, the 1st Petitioner voluntarily left the company of the Respondent in the year 2014 and went to her parents house and refused to join him despite several attempts by Respondent. On the other hand, P.Ws.1 and 2 deposed that 1st Petitioner was necked out from matrimonial home on 27/05/2015 after she was severely beaten by the Respondent. It is admitted fact that the Criminal Case was filed by P.W.1 against the Respondent. It is admitted fact that the 1st Petitioner and the 2nd Petitioner are presently residing at the house of parents of 1st Petitioner. The reason for disputes between P.W.1 and the Respondent are not entirely proved. Except for admission of pending Criminal case filed by P.W.1 against the Respondent under Section 498AIPC and the oral evidence of P.Ws.1 and 2, there is no proof produced on behalf of the Petitioners to prove that the Respondent was responsible for beating her and for demanding additional dowry. The initial burden in a Maintenance Case is on the Petitioner and only after proving the facts stated by her, the burden shifts onto the Respondent. In the instant case, as discussed above, none of the allegations levelled by the 1st Petitioner against the Respondent have been proved. Since the fact that the 1st Petitioner and 2nd Petitioner are living separately from the Respondent is undisputed and justifiable reasons for living separately are not established by 1st Petitioner, Point Nos.2 and 3 are answered against the 1st Petitioner and in favour of the Respondent.
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