June 27, 2019:
Madhya Pradesh High Court has rejected the challenge made by a lady against the order declining her the maintenance due to the fact that she was living separately from her husband wiithout any sufficient reason.
A bench of Justice Srivastava has passed the order in the case titled as SMT. TEJA BAI Vs CHHIDDU ARMO on 24.06.2019.
It is alleged that petitioner-applicant No.1 is wife of respondent and petitioner-applicant No.2 is son of respondent-husband. Respondent is not maintaining them. They are living separately due to torturing and harassment by respondent-husband. So he prays that petitioners are entitled to get maintenance of Rs. 25,000/- per month from respondent. Respondent filed reply before trial court in which he submits that he is ill due to which he could not do any work and hence has no source of income. Petitioners are living separately without any sufficient reason so they are not entitled to get any maintenance. Learned trial court held that petitioner-applicant No.1 is living separately from respondent-husband without any sufficient reason, so she is not entitled to get any maintenance from the respondent.
High Court observed "It is evident that petitioner applicant No.1 is wife of respondent. Petitioner-applicant No.1 admitted in her cross-examination that respondent does not do any work due to illness, so she left his house and she is living in her paternal home with her child. She is not ready to live with respondent. So, it is evident that petitioner No.1 is living separately from her husband-respondent, without any sufficient reason. Therefore, learned trial court appreciate each and every fact in this regard so petitioner-application No.1 is not entitled to get any maintenance from her husband..."
High Court then passed the order as "claim sought for by the petitioner-applicant No.1 is hereby dismissed".
Read the Order here:
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