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True Colors of a Vile Wife

Tag: CrPC 125 or BNSS 144 – Maintenance Denied

Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026

Posted on January 31 by ShadesOfKnife

A single judge bench of Punjab and Haryana High Court held as follows,

From Paras 5 and 6, (Lies about adopting a child!)

5. The evidence brought on record clearly demolishes the case now being sought to be set up by the petitioner. The petitioner had taken a plea that she had adopted a child, who happens to be the daughter of her real sister; however, she has specifically admitted in her cross-examination that the respondent had never given his consent for the said adoption. Admittedly, neither there is any documentary evidence or ceremony performed for the alleged adoption, nor any application was moved to change the details in the official records of the said child to demonstrate that the petitioner’s name was recorded or shown as the mother and the respondent’s name was recorded as a father of the said child.
6. The above-said fact clearly demonstrates the mala fide intent of the petitioner to mislead the Court and seek undue sympathy, which stand belied by her own admissions during cross-examination.

From Paras 7 and 8, (Multiple sources of Income)

7. Further, as regards her entitlement for maintenance, the petitioner has concealed the material facts that she was duly recorded as an employee of Markanda Oil Store. Though it has been vehemently argued by the counsel for the petitioner that the petitioner was never an employee of the said firm, however, in her cross-examination she admitted that she had availed various medical insurance benefits on the basis of the entries recorded in Markanda Oil Store, showing her as an employee. Moreover, the petitioner was also working as a teacher in a school, namely St. Joseph School, Ambala City; however, she failed to disclose the same in her affidavit of income and expenditure.
8. Furthermore, the petitioner has admitted that she holds various Kisan Vikas Patras and a Public Provident Fund account, wherein, the account balance exceeds Rs. 15 lakhs. Apart from these accounts, the petitioner also maintains other bank accounts, which were duly considered by the learned Trial Court, which clearly demonstrate that there was no distress or immediate financial hardship necessitating the grant of maintenance to the petitioner. Admittedly, the petitioner deliberately concealed these facts from the Court. She further admitting a separate salary account with Axis Bank, however, she neither produced proof thereof nor disclose the balance lying therein. Despite a specific suggestion being put to her, she knowingly withheld details regarding her income.

From Paras 10 and 11, (Surprise surprise!)

10. It is indeed strange that while earlier the petitioner was drawing a salary of Rs. 18,000/- per month but now she claims to be earning only Rs. 12,200/- per month, which appears highly improbable. This conduct clearly reflects an attempt to abuse the process of law merely to keep the respondent-husband entangled in continuous litigation and to extract money at her own convenience by misusing the judicial process.
11. The concept of grant of maintenance has been introduced to protect the dignity of women; however, it can’t be permitted to be used as a tool for unjust enrichment. The rising number of false and frivolous cases being filed today not only defeats the very object of the law but also inadvertently undermines a woman’s self-respect, dignity, and self-reliance. The petitioner cannot be permitted to play hide and seek with the Court and abuse the process of law. In the absence of any material to demonstrate that the petitioner is in dire need of financial assistance or maintenance, the very filing of the petition amounts to an abuse of the process of law.

From Para 12, (Settled proposition of law)

12. It is settled proposition of law that maintenance under Section 125 Cr.P.C. is payable only when the wife is unable to maintain herself. The Hon’ble Supreme Court in the case of “Chaturbhuj v. Sita Bai”, (2008) 2 SCC 316 has categorically held that a wife having sufficient independent income or means is not entitled to maintenance. This principle has been reiterated and streamline in “Rajnesh v. Neha”, (2021) 2 SCC 324 wherein, the Hon’ble Supreme Court emphasized full disclosure of income and assets and clarified that Section 125 Cr.P.C. is a measure to prevent destitution and not a source of unjust enrichment.

From Para 13,

13. Moreover, Section 125 Cr.P.C. has been enacted with a specific purpose to protect women and children and to prevent vagrancy and destitution among them. It provides speedy remedy to the destituted and helpless women to establish their claim, it was incumbent upon the petitioner to prove that she is unable to maintain herself and her child but in the present case, the petitioner has concealed her employment and claimed his husband is earning handsome amount, her conduct in suppressing relevant information from the Court and the fact that she is not only qualified but is capable of earning good money. Furthermore, this Court also observed that when a person approaches a Court, he/she should approach the Court not only with clean hands but also with clean mind, clean heart and clean objective. No litigant has a right to draught on the Court’s time and public money in order to get his/her affairs settled in the manner, he or she desires. Therefore, this Court does not find any error in the impugned order passed by the learned Family Court. Moreover, the petitioner has also failed to bring on record any cogent evidence to demonstrate that she was living separately from her husband on account of any situation created by the respondent-husband.

Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026

Citations: [2026:PHHC:002754]

Other Sources:

 


Index of Maintenance Judgments u/s 144 BNSS is here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Abuse Or Misuse of Process of Court Anu Aggarwal Vs Sushant Aggarwal Catena of Landmark Judgments Referred/Cited to CrPC 125 or BNSS 144 - Maintenance Denied Legal Procedure Explained - Interpretation of Statutes Misuse of Women-Centric Laws Perjury - Not Initiated Suo Moto Reportable Judgement or Order | Leave a comment

Devendra Vs Trupti Devendra on 27 Sep 2022

Posted on January 11 by ShadesOfKnife

A single judge of Bombay High Court at Aurangabad bench held as follows,

From Paras 22 and 23,

22 On having microscopic examination of paragraph No.4, one would find that the respondent / wife has pleaded in her application for maintenance for her daughter that the petitioner / husband has paid only Rs.1,00,000/- and though assured to pay remaining amount of Rs.1,00,000/-, not stick up to his promise and refused to pay the remaining amount of Rs.1,00,000/-. It is stated in the application that though it is mentioned that the fixed deposit would be made in the name of daughter, the petitioner has avoided the same though it was his liability. It is pertinent to note that in paragraph No.5, respondent / wife has nowhere stated about her affidavit filed in the proceedings for mutual consent divorce and acceptance of Rs.2,00,000/- towards permanent alimony and giving up right of maintenance. As pointed out earlier, her examination-in-chief on affidavit before the Civil Court makes it very clear that she has received Rs.2,00,000/- towards permanent alimony and she has given up right of maintenance for herself and her daughter.
23 In this background, it was very much incumbent on respondent / wife to produce the copy of affidavit, which is sworn and filed by her in the Civil Court in the proceedings for mutual consent divorce. By suppressing the said document, she has made averments that she has received only Rs.1,00,000/- towards permanent alimony and petitioner / husband is liable to pay remaining amount of Rs.1,00,000/- and since he has not paid that amount, she constrained to file maintenance proceedings under Section 125 of the Cr.P.C for her daughter. It is nothing but playing fraud on the Court while filing proceedings under Section 125 of the Cr.P.C. According to the decision of the Honourable Supreme Court in case of S.P. Chengalvaraya Naidu (supra), respondent / wife ought to have produced all the relevant documents in the proceedings under Section 125 of the Cr.P.C. including her affidavit as well as the affidavit of her husband filed in a proceedings of mutual consent divorce. She has withheld those vital documents only with a view to obtain the order of maintenance and this inference can be drawn easily in the above factual scenario.

Devendra Vs Trupti Devendra on 27 Sep 2022

Citations:

Other Sources:

https://www.casemine.com/judgement/in/63432328feb20c33dafe2fdd


Index of divorce Judgments is here. Index of Maintenance Judgments is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Maintenance Denied Devendra Vs Trupti Devendra HM Act Sec 13B - Divorce by Mutual Consent Maintenance after Mutual Consent Divorce Perjury - Not Initiated Suo Moto | Leave a comment

Geeta and Anr Vs State and Anr on 10 Sep 2025

Posted on September 13, 2025 by ShadesOfKnife

A single Judge of Delhi High Court that, concealing actual income and withholding the most relevant documents which alone could establish her present financial incapacity should lead to adverse inference against wife.

From Paras 9-11,

9. At the outset, it will be apposite to note that Section 125 of the Cr.P.C is a beneficial provision, premised on a moral obligation of husband and father, and intended to prevent, inter alia, the wife and children from being subjected to the adversities of vagrancy and destitution. It is also trite that proceedings under Section 125 of Cr.P.C. are summary in nature and the Court has to take a prima facie view of the dispute between the parties.
10. In the above context, this Court has carefully examined the evidence on record as well as the findings recorded by the learned Family Court. Insofar as the wife’s claim for maintenance is concerned, it emerges that she had admitted in her cross-examination that she is employed in the Education Department at Khekra, Baghpat, though on a temporary basis. She further admitted that her salary slip of December 2016 reflected her salary as Rs. 33,052/- and her income tax return for the year 2017-2018 also disclosed an annual income of Rs. 4,00,724/-, though it is her case that thereafter, her services were terminated by way of judgment dated 25.07.2017 passed by the Hon’ble Supreme Court, after which she was working on a temporary basis. While she claimed that her current salary is only Rs. 10,000/- per month, she failed to produce any recent salary slip or Form-16 to substantiate the same, and thus, no recent salary certificate was placed before the learned Family Court despite opportunities given by the learned Trial Court. She also did not offer any plausible explanation in the evidence for withholding recent salary details.
11. The learned Family Court, thus rightly reached to a conclusion that such omission, without any cogent explanation, casts a doubt on the genuineness of her claim and justifies an adverse inference against her. The learned Family Court, therefore, rightly held that the wife had concealed her actual income and withheld the most relevant documents which alone could establish her present financial incapacity. This Court concurs with that view, as the primary ingredient for grant of maintenance to a wife under Section 125 Cr.P.C. – i.e. her inability to maintain herself – has not been satisfactorily proved, in absence of clear and reliable evidence of financial hardship, the claim of the wife becomes speculative and cannot be sustained.

Geeta and Anr Vs State and Anr on 10 Sep 2025

Index of Maintenance Judgments u/s 144 BNSS is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Maintenance Denied Geeta and Anr Vs State and Anr Perjury - Wilful Omission or Supression of Material Information Suppression of Material Facts | Leave a comment

Paul George Vs Emarin Paul on 12 Mar 2025

Posted on March 29, 2025 by ShadesOfKnife

A single judge of Kerala High Court held that a deserter wife not entitled to claim maintenance.

From Para 6,

6. As stated already, M.C.No.354 of 2017 has been tried along with G.O.(P) Nos.1621 of 2016 & 1334 of 2017. As per the common order, the guardianship of the child was given to the petitioner. A reading of the common order would show that the petitioner specifically contended that the respondent left the matrimonial home without any reason on 16.11.2015, abandoning their 2½-year-old child there and never returned thereafter. The respondent has admitted that she left the matrimonial home on that day. But her contention is that she was forced to leave the matrimonial home and started to live separately due to the ill-treatment of the petitioner. The parties let in evidence regarding these rival contentions. The Family Court, after considering the evidence on record, concluded that the respondent left the matrimonial home leaving the child there without any reason. In paragraph 27 of the common order, there is a finding that even though the respondent has raised a contention that she left the petitioner due to ill-treatment, there is no evidence of any ill-treatment and there was not even a complaint by the respondent against the petitioner before any police. In paragraph 31 of the common order, there is a specific finding that the respondent left the matrimonial home with the definite intention to teach a lesson to the petitioner, and absolutely, there is no evidence to show that she was ill-treated by the petitioner as alleged by the respondent. Thus, there is clear evidence on record to show that the respondent has been living separately since 16.11.2015 without any sufficient reason. That apart, O.P.No.1618 of 2016, filed by the petitioner seeking divorce on the grounds of desertion and cruelty, was allowed on those grounds.

From Para 7,

7. The primary object of marriage, while varying across cultures and beliefs, often encompasses forming a legal and social unit providing companionship and emotional support apart from procreation and raising of children. Marriage brings with it specific rights and liabilities for both husband and wife. Marriage involves a commitment to live together and fulfil the responsibilities inherent in the marital relationship. The primary
duty of parties in marriage is to live together and fulfil their marital obligations. The right to each other’s society, comfort and affection, often referred to as ‘consortium’ is a fundamental aspect of marriage. Withdrawal from society of the other would mean withdrawal from marital obligation by either spouse.

From Para 8,

8. A husband is legally and morally bound to provide maintenance to his wife. The right of the wife to be maintained by the husband stems from the corresponding obligation to perform marital duty. Section 125 (1) (a) of Cr.PC (Section 144 (1) (a) of BNSS) provides maintenance to the wife who is unable to maintain herself. However, the right of the wife to claim maintenance from her husband, who has sufficient means, is not absolute. It is subject to sub-section (4) of Section 125 (Section 144 (4) of BNSS). A wife who chooses to live separately without sufficient reason is disentitled to maintenance under Section 125(4) of Cr.PC (Section 144 (4) of BNSS). It is crucial to assess whether the wife’s decision to live separately is based on valid grounds. If valid grounds, such as cruelty or desertion, exist, she may still claim maintenance despite living apart. In cases where the wife refuses to live with the husband without any just cause and there is no evidence of ill-treatment by the husband, the wife is not entitled to maintenance.

Paul George Vs Emarin Paul on 12 Mar 2025

Citations:

Other Sources:


Index of Maintenance Judgments us here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Maintenance Denied CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Paul George Vs Emarin Paul | Leave a comment

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Posted on January 30, 2025 by ShadesOfKnife

A division bench of Apex Court held that,

From Para 45,

45. Despite concurrent findings of three courts as to the legitimacy of the Respondent, he and his mother maintain and proclaim to the world that the Appellant is his biological father. It must be underscored that theAppellant has maintained a consistent stance across all fora that he never had sexual relations with the Respondent’s mother. In fact, the dispute was assumed to have been put to rest in 2011, providing some relief to the Appellant, only to be reopened in 2015, once again making him face the brunt of the allegations. This constant pendulum-like state of affairs and unsubstantiated allegations must have, undoubtedly, had an adverse effect on the Appellant’s quality of life. In this backdrop, an order necessitating a DNA test based on mere allegations of adultery, would ultimately violate the Appellant’s right to dignity and privacy.

From Paras 69 and 70,

69. This convoluted case, spanning over two decades, has no doubt taken its toll on the parties involved and other relevant stakeholders. Given these
extenuating circumstances, at this stage, it must be closed for all intents and purposes.
70. Accordingly, we deem it appropriate to allow this appeal and set aside the Impugned Judgment of the High Court dated 21.05.2018 and of the
Family Court dated 09.11.2015, with the following directions and conclusions:
i. Legitimacy determines paternity under Section 112 of the Indian Evidence Act, 1872, until the presumption is successfully rebutted by proving ‘non-access’;
ii. The Munsiff Court and the Sub-Judge Court possessed jurisdiction to entertain the Original Suit, which dealt with the question of the legitimacy of the Respondent;
iii. The Family Court, Alappuzha erred in reopening the Maintenance Petition when the self-imposed condition was not satisfied;
iv. The impugned proceedings, initiated by the Respondent, are barred by the principle of res judicata;
v. The proceedings in MC No. No. 224/2007 before the Family Court, Alappuzha stand quashed;
vi. Any claim by the Respondent based upon the perceived relationship of paternity qua the Appellant, stands negated; and
vii. The Respondent is presumed to be the legitimate son of Mr. Raju Kurian.

Ivan Rathinam Vs Milan Joseph on 28 Jan 2025

Impugned Judgment:

https://www.casemine.com/judgement/in/5e977c0b4653d048ca2bb2dc

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court CrPC 125 or BNSS 144 - Maintenance Denied CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125 or BNSS 144 - Women Whose Earlier Marriage Subsists Not Entitled To Maintenance Ivan Rathinam Vs Milan Joseph Misuse of Women-Centric Laws Reportable Judgement or Order | Leave a comment

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024

Posted on October 10, 2024 by ShadesOfKnife

A single judge of Telangana High Court held that a deserter wife is not eligible for maintenance.

From Para 5-7,

5. Learned counsel for respondent No.1 submitted that the petitioner voluntarily left the society of her husband and the trial Court after appreciating the evidence available on record in proper perspective rightly passed the impugned order. Hence, the interference of this Court is unwarranted and he seeks to dismiss the Revision.
6. On behalf of the petitioner, the trial Court examined PWs.1 to 3 and marked Exs.P1 and P2. On behalf of respondent No.1, RWs.1 and 2 were examined and Exs.R1 and R2 were marked. Upon careful scrutiny of the oral and documentary evidence, the trial Court observed that the petitioner voluntarily left the society of her husband and respondent No.1, never neglected or refused to maintain her. Except making averments in the petition, there is no proof filed by the petitioner, to show that her parents gave cash and other articles as dowry to respondent No.1. The evidence of PWs.1 and 2 discloses that the petitioner put conditions on respondent No.1 stating that she would join his society only if he would put up a basket shop by investing an amount of Rs.2,00,000/-, to give her seven (7) tulas of gold articles and to put up a separate family with her abandoning his parents. The trial Court further observed that respondent No.1 filed an application seeking restitution of conjugal rights against the petitioner and his consistent efforts to cohabit with her have gone in vain. Therefore, the learned Judge of the trial Court opined that the petitioner failed to aver and prove that respondent No.1 neglected or refused to maintain her and that she is unable to maintain herself and thus, rendered the impugned judgment.
7. This Court vide order dated 02.07.2019, stated that no order directing respondent No.1, to pay interim maintenance can be granted, as the trial Court found that the petitioner herself left the company of her husband. Later, the matter underwent several adjournments.

Ekula Sujatha Vs Ekula Rajender and Anr on 1 Jul 2024

Index is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Maintenance Denied CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife Ekula Sujatha Vs Ekula Rajender and Anr | Leave a comment

Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018

Posted on October 10, 2024 by ShadesOfKnife

A single judge of composite APHC held that deserted wife will not get any maintenance.

From Para 5,

5) POINT: As per Section 125 Cr.P.C, any person having sufficient means neglects or refuses to maintain his wife who is unable to maintain herself, or his legitimate or illegitimate children whether married or not, or his father or mother, unable to maintain themselves is liable to provide maintenance to them. So far as wife is concerned, she will be entitled to maintenance only when her case does not fall under Section 125(4) Cr.P.C, which reads thus:
“(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.”
The Apex Court in the case of Laxmi Bai Patel v. Shyam Kumar Patel1, has clarified this aspect stating that wife’s right to claim maintenance under Section 125 Cr.P.C can be denied only in the circumstances provided under sub-Section (4) of Section 125 Cr.P.C. The Trial Court refused to award maintenance to the 1st petitioner on the ground that the 1st petitioner has voluntarily come out of the matrimonial home but not due to the negligence or refusal of the respondent. Of course the Trial Court awarded maintenance @ Rs.1500/- per month to each of the two children of the 1st petitioner. Hence the instant Criminal Revision Case is filed seeking maintenance to 1st petitioner on one hand and enhancement of the maintenance awarded to the petitioners 2 and 3.

From Para 8,

8) So the facts and evidence would clearly depict that 1st petitioner’s residing away from her husband is not supported by any plausible ground. Her attitude gives an inference that without lawful excuse she remained with her parents. In this factual situation, the 1st petitioner is not entitled to maintenance as laid under Section 125(4) Cr.P.C. The Trial Court has rightly refused to grant maintenance to her. The wife who lives separately from the society of her husband without any lawful excuse does not deserve maintenance. It was so held in the case of Anil v. Smt. Sunita4. The decisions in K.Anjaiah Goud’s case (2 supra) and Naredla Sirisha’s case (3 supra) relied upon by the learned counsel for petitioners will not help the cause of 1st petitioner.

Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr on 26 Dec 2018

The Index is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Borugadda Rama Devi and Ors Vs Borugadda Ravi Kumar and Anr CrPC 125 or BNSS 144 - Maintenance Denied CrPC Sec 125(4) or BNSS Sec 144(4) - No Maintenance or Interim To Adulterer or Deserter Wife | Leave a comment

Palagani Samrajyam and Anr Vs Palagani Nagaraju on 30 Dec 2019

Posted on June 19, 2023 by ShadesOfKnife

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.

Palagani Samrajyam and Anr Vs Palagani Nagaraju on 30 Dec 2019
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged CrPC 125 or BNSS 144 - Maintenance Denied Palagani Samrajyam and Anr Vs Palagani Nagaraju | Leave a comment

Gadesula Radhika Vs Gadesula Rajesh on 22 Jan 2019

Posted on June 19, 2023 by ShadesOfKnife

A DJ Court refused to interfere into a maintenance dismissal order for wife, as she voluntarily left the company of respondent.

From Para 11,

11. As seen from the cross examination of P.W.1 she admitted that after their marriage, her sister stayed along with them in Uppal Area, till her marriage and the respondent respected her sister. P.W.1 further admitted that she did not file any documentary proof to show that her mother sold Ac 1.00 land and gave Rs.3,00,000/- to the respondent to settle the matter with Amala Jyothi. P.W.1 also admitted that she studied M.Sc., Computers and she left the house of her husband without informing him and she is not willing to join with the respondent to lead marital life. P.W.1 further admitted that her parents and elders went to Aswapuram for mediation, she filed D.V.C case and Sec.498-A IPC case against him. Except the oral evidence of P.W.1, she did not choose to examine any witnesses or any documentary proof in support her version to prove that her parents gave Rs.10,00,000/- cash to the respondent and also gave Rs.15,00,000/- to the respondent and his father by selling Ac 1.00 land by her mother to settle the dispute with Amala Jyothi and the respondent was addicted to vices and failed to provide maintenance to her. Further as seen from the evidence of P.W.1 and R.W.1 it appears that even the respondent is ready to maintain the petitioner, she is not willing to join the company of respondent to lead marital life. In such circumstances, in the absence of reliable evidence, I am of the considered opinion that the trial court rightly concluded that the petitioner is not entitled for any maintenance from the respondent without sufficient cause as she voluntarily left the company of respondent. Hence, I see there are no valid grounds to interfere with the findings of trial court.

Gadesula Radhika Vs Gadesula Rajesh on 22 Jan 2019
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged CrPC 125 or BNSS 144 - Maintenance Denied Gadesula Radhika Vs Gadesula Rajesh | Leave a comment

Byru Rajeswari Vs Byru Suresh Babu on 30 Apr 2018

Posted on June 19, 2023 by ShadesOfKnife

Maintenance was denied to wife, because she could not prove her allegations with cogent evidences.

From Para 14,

14) Broadly speaking there is no dispute about the legal status of 1st Petitioner as lawfully wedded wife of the Respondent and the legal status of the
2nd Petitioner as the son of the 1st Petitioner and the Respondent. Upon perusal of evidence of P.W.1 and 2 and R.Ws.1 and 2, it is admitted fact that the marriage of 1st Petitioner and Respondent was performed on 13.06.2012. Admittedly P.W.1 and Respondent lived happily for one and 1/2 years i.e., only after few months after the birth of the 2nd Petitioner in the year 2013. Admittedly, P.W.1 began living away from her husband at her parents house when the 2nd Petitioner was aged 11 months old i.e., from March, 2014. There is variation in the evidence of the Petitioners and Respondent as to the exact reasons for separation of P.W.1 from R.W.1. Once it is admitted that P.W.1 is living separately from R.W.1, the burden of proving that she is living separately from R.W.1 for a reasonable cause is on the P.W.1. In support of the same the Petitioner made many allegations regarding the harassment meted out to her at the Respondent’s house during her stay with the Respondent. However, she also admitted that she lived happily for one and half years. Although she alleged that the Respondent did not visit hospital after the 2nd Petitioner was admitted in Hospital for Typhoid fever, P.W.2 admitted that the Respondents were present at the hospital and subsequently she returned back to Respondent’s home. Therefore all the allegations of P.W.1 prior to March, 2014 are not entirely proved. It is admitted by P.W.2 that no complaint was filed against the Respondent and his family with regard to dowry harassment and neither his daughter P.W.1 gave any such complaint. Although, P.W.1 stated in her chief-affidavit that on 19.02.2016 a Complaint was filed against the Respondent by her and the same was registered as Crime No.38/16 no certified copy of the complaint was filed by her and no exhibit was marked in proof of such complaint. The alleged complaint as per P.W.1 pertains to incident on 23.01.2016 when the Respondent and his parents visited P.W.1’s parents house and demanded her signature on divorce papers and pressed her neck and threatened her that they will kill her. Even otherwise the alleged F.I.R in existence relates to incident which occurred in 2016 i.e., two years after P.W.1 started living at her parents house. There are no specific dates mentioned by P.W.1 about the time when she returned to her parents home and the time when she tried to go back to the Respondent’s house with the help of mediators. Apart from admitted facts of P.W.1 that Respondent and herself lived happily for one and half years, she admitted that she does not want to go back to the Respondent even after the Respondent is willing to take her back. P.W.2 also deposed that he is not willing to send the 1st Petitioner to the Respondent’s fold and there were talks through elders by the Respondents but they have not acted or responded to the same. In such circumstances, it can be said that the 1st Petitioner is living separately at her parents house without any reasonable cause and therefore she is not entitled to claim maintenance. Therefore, point No.1 is answered partly in favour of the Respondent and against the 1st Petitioner.

Byru Rajeswari Vs Byru Suresh Babu on 30 Apr 2018

Index here.

Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged Byru Rajeswari Vs Byru Suresh Babu CrPC 125 or BNSS 144 - Maintenance Denied | Leave a comment

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ఎంతో ప్రతిష్టాత్మకంగా నిర్వహించి ప్రజల ఆరోగ్యం పట్ల అవగాహన కల్పించిన అంతర్జాతీయ యోగా దినోత్సవం సందర్భంగా రాష్ట్రం లో పలుచోట్ల నిర్వహించిన యోగా కార్యక్రమం పై కొందరు తప్పుడు ప్రచారం చేస్తున్నారు. ఈ కార్యక్రమం కోసం రూ. 600 కోట్లు ఖర్చు అయినట్లు చెప్పడం పూర్తిగా అసత్యం. రాష్ట్రంలో

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jaitdp Telugu Desam Party @jaitdp ·
22 Jun

చీఫ్ మినిస్టర్.. టీచర్ అయిన వేళ

అంగన్వాడీ కేంద్రాన్ని సందర్శించిన సీఎం చంద్రబాబు కాసేపు టీచర్‌గా మారి, పిల్లల అభ్యసనం ఎలా ఉందో తెలుసుకున్నారు. ఇంగ్లీష్ ఆల్ఫాబెట్స్ చెప్పమని సీఎం అడిగేసరికి పిల్లలు చక్కగా చెప్పారు.
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