Q: Discuss the citation of Poonam Vs Mahender Kumar, Punjab & Haryana High Court ?

Ans: In the case of  of Poonam Vs Mahender Kumar, Punjab & Haryana High Court, where it was held that no alimony to wife who deserted her husband and same was upheld by Supreme Court Of India. The High court in its decision held that the trial court, after framing the issues, recording of evidence, both oral and documentary, and hearing the advocates for the parties, came to the conclusion that the applicant had not been able to prove on record that she was ill-treated by the husband or he was cruel towards her in any manner and the applicant was failed to present any other witness in support of her case to prove cruelty, dowry demand and other allegations made in the application. Even the parents of the applicant did not came forward to support her case. The applicant had failed to join her husband even after the application filed by him for RCR was accepted by the Court of competent jurisdiction. Application filed under Section 13 of the HMA which was filed by the applicant, was declined by the Court by holding that there was no desertion on the part of her husband, rather the applicant deserted her husband of her own accord. The applicant did not took care of her sons, who are residing with the husband. There is no allegation in the application that she had ever asked the husband for giving her the custody of the sons. The wife appears to be interested only in getting maintenance allowance and taking divorce from her husband. The husband is solely taking care of the children. To bring up two children single handedly is a difficult duty, which the husband is performing and the applicant is shirking, the applicant, in her cross-examination, stated that after she left her matrimonial house, she never tried to contact her husband or her kids. In the case of Smt.Rohtash Singh v. Ramendri (Smt.), 2000 (2) R.C.R (Criminal) 286, it was held by the Hon’ble Supreme Court that a wife is not entitled to maintenance who had left the company of her husband, but a wife who has divorced on account of leaving the company of her husband is entitled to maintenance from decree of divorce. The High court held that the failure of the wife to prove sufficient grounds justifying her staying away from her husband and two kids shows that she had left the society of her husband on her own accord. In these situations, both the Lower & appellate Courts below were justified in declining the application filed by the applicant under Section 125 of Cr.P.C.

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