Hon’ble Apex Court has in this judgment denied maintenance to Knife who is errant and left matromonial home on her own without any justifiable reasons.
Justice BP SINGH held that
“the respondent had left her matrimonial home on her own and that she was not compelled by the appellant to leave her matrimonial home, nor had he threatened the respondent with dire consequences if she did not leave his house. There was no ground for the respondent to apprehend that if she lived with the appellant her life would be in danger and that she will be subjected to torture or cruelty. In sum and substance she had no justifiable reason to desert the appellant. The fact that the application for grant of maintenance was filed within four days of her leaving her matrimonial home without any effort for reconciliation, was also significant. The learned Magistrate therefore held that the respondent having left her matrimonial home without any justifiable ground was not entitled to the grant of maintenance.”
Deb Narayan Halder Vs Smt. Anushree Halder on 26 August, 2003