There are instances where the wife leaves the house and do police complaint on account of dowry demand and harassment and she also files 125 CrPC for claim of maintenance.

In a Judgement of Hon’ble Supreme Court it was decided that when wife is alleging cruelty as a ground for living separately and claiming maintenance, then she has to show that the evidence related to cruelty and dowry demand and when there is no such evidence the maintenance can be denied in such cases.

Deb Narayan Halder vs Smt. Anushree Halder 

The only police report brought on record is one lodged after the respondent left her matrimonial home. We do not attach much importance to this
report. There is no contemporaneous document in the form of letters which may have been written by the respondent to her friends or relatives mentioning about her being subjected to torture or harassment by the appellant. The respondent being an educated lady, it is difficult to believe that she would not have written letters to her friends and relatives during the twelve years that she lived with the appellant as husband and wife. Apart from her mother, the respondent has produced no
evidence of prove that she was tortured and harassed by the appellant.

The Maintenance was denied in this case.

Adv. Nitish Banka

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997