Q: Elaborate the citation of Gujarat High Court of Bheeka Ram Vs Wife & Ors on 22-01-1999 ?

Ans: During a case in Gujarat High Court of Bheeka Ram Vs Wife & Ors on 22-01-1999, it was held that no maintenance to deserted wife who forbade to live with  her husband. The high court while deciding the case held that wife and on behalf of her two minor sons filed an application under Section 125, Cr.P.C. against her husband for maintenance. It was alleged that Wife was married to him, 12-13 years ago but for some time her husband as well as his parents were torturing the lady for dowry and due to which she was beaten and expelled of the house and after a lot of efforts she was again kept by them. It is also further submitted that she bought a land by selling her jewellery and with the help of her parents she built a house and started living there but three months before filing the application, the Husband tried to kill her by burning and thereafter he is neglecting her. It was stated that husband earned Rs. 60/- per day by doing Mason work. She prayed to be paid maintenance relief @ Rs. 400/- per month for herself and Rs. 250/- each for her children. The husband in his objection denied the charge of ill-treatment for dowry. He also denied that he ever gave beating to Wife or that he tried to kill her. He came out with the case that Wife usually misbehaved with his parents and, therefore, he bought land and builds a house to reside separately but the wife had given mental torture to husband by harassing the parents of husband and ignoring him. It was stated that the applicant left her husband's house without just cause and was not discharging her marital obligations.

After hearing the advocates for the parties, the learned Magistrate held that the allegations of being neglected by the husband were not proved. The learned Magistrate further held that the wife left the matrimonial home without just cause as well as she was not entitled to maintenance, the learned Magistrate dismissed an application of Wife.