Q: Elaborate the citation of S. Rehana Sulthana @ Rehana Begum V/s B Mohammad Ghouse & Anr. on 28 March 2016 ?

Ans: In a decision of Andhra High Court in a case S. Rehana Sulthana @ Rehana Begum V/s B Mohammad Ghouse & Anr. on 28 March 2016, it was held that no maintenance relief to wife who left home without justifiable reasons. The High court found that in the cross examination the wife stated that she executed an agreement in the presence of witnesses with an undertaking that she will not compel the respondent for setting up separate family. If really the wife did not compel the husband persistently to set up separate family, what made her to do her signature on the  agreement? The Courts cannot ignore the human conduct while appreciating the rival submissions of the couple to the proproceedings, more particularly in family matters, wherein the possibility of presenting distorted facts by the couple to the proceedings so that they can gain sympathy of the court .If really the wife had suffered in the hands of the husband and his family members, certainly the wife might have availed the opportunity of issuing a relevant reply to the legal notice issued by the husband or she might have exposed the alleged ill-treatment by the family of the husband in the presence of the elders on 18.05.2006. Within three months from the date of panchayat , the applicant lodged complaint against the respondent and his family members for the offence under section 498-A of IPC. Though the wife is resident of gooti, but she lodged the complaint on the Mahila Police Station, Ananthapur. The court held that, the wife failed to prove that she left the matrimonial home because of the harassment meted out by the husband and his family members. The material available on record clearly establishes that the wife herself left the matrimonial home without any justifiable cause which disentitled her to claim maintenance under Section 125 Cr.P.C .