Case title: Amit Kumar Kachhap Vs Sangeeta Toppo Cr. Rev. 512/2023, HC of Jharkhand, Ranchi as on 02/02/2024
According to this Case , Wife alleged that his husband had illicit relationship with a lady name Poonam Devi and demand dowry. Because of this, she left the matrimonial home within a month. Husband filed the case of theft in which she is on Bail. Lady Poonam Devi filled Defamation case against wife. Moreover, Husband came with evidence of Her pregnancy, which she terminated without consent of her husband.
In nine mediation session, she denied to resides with her husband and repeatedly demand alimony of Rs 7.5 lakhs and also said ” She does not consider him to be her husband and she cannot live with him even for a single day “
In all court proceedings and evidence, she fails to prove the reason of desertion whereas Husband kept his stand to live with her.
Hon’ble court finds that overall evidence adduced on behalf of both the parties, it is found that the respondent-applicant has been residing aloof from the husband without any reasonable cause. Accordingly, this point of determination is decided in favour of the petitioner-husband and against the opposite party-wife. In consequence thereof, in view of
Section 125 (4) of the Code of Criminal Procedure, 1973 she is not entitled to any amount of maintenance. Section 125(4) of the Code of Criminal Procedure, 1973 reads as under:
“(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, 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.”
