Q: Discuss the citation of Sanjay Sudhkar Bhosle Vs Khristina on 08-04-2008 ?

Ans: During a case in Mumbai High Court of Sanjay Sudhkar Bhosle Vs Khristina on 08-04-2008, it was held that no maintenance to wife who left her husband. The high court held on briefly taking survey of the evidence tendered by the parties. Wife testified that after six months of the marriage, the husband and his relatives started giving ill-treatment to her on account of demand of money. This part of her statement is discrepant with allegations in the pleadings. In the application of wife, she alleged that a dowry items were demanded by the husband from her parents. There is no whisper of any such demand throughout her oral statement before the Lower court. She stated that on 21.02.1999, the husband beaten up her and expel her out of the house. She filed a complaint at the nearest Police Station. Her submission shows that she had written two letters and told about her condition in the matrimonial home to her father. Her brother used to visit her in-laws house. Nor his brother neither her father had entered the witness box nor the letters sent by her or Police complaint copy lodged by her, have been submitted for examination. Her real married sister resides in Pune. Her maternal uncle resides at Pune. She admits that she never informed her sister or any other relative about the cruel treatment meted out to her by the husband and his relatives . This conduct of the wife was duly noticed by the lower court. She admitted that on 05.10.1998 that her brother and maternal uncle visited the house of her husband to inform that her maternal uncle, who is inhabitant of Ahmednagar and was suffering from illness. This admission matches the submission of the husband that she was allowed to go to Ahmednagar to meet her ailing maternal uncle. Further the high court observed that the Lower court also noticed that the two neighbours, corroborated version of the husband. The version of husband would show that there was no Cruel-treatment given to the wife. He states that on 05.10.1998, brother of the wife and her maternal uncle visited his house and informed that her another maternal uncle, who is living in Ahmednagar, was suffering from some illness and they requested him to send her with them. His submission showed that he allowed them to take her away after few days. Thereafter, on 11.10.1998, her brother took her to Ahmednagar. His submission showed that he made attempts to bring her back but it was in vain. 

The learned Judge of the Lower Court recorded an affirmative finding on the said issue. Therefore, that not only the Lower court, on appreciation of the evidence tendered by the spouses, came to the conclusion that she left his house, probably under burden of the domestic chores, but the civil Court also found that she is guilty of deserting him without any reasonable excuse.