The court also noted that the woman had received a permanent alimony of Rs 11.5 lakh from her previous marriage as part of a settlement at the time of separation. (File Photo)Holding that an educated woman “capable enough of supporting herself” who voluntarily leaves her matrimonial home is not entitled to maintenance, the Gujarat High Court dismissed a petition filed by an MBA graduate seeking maintenance from her third husband.The court also noted that the woman had received a permanent alimony of Rs 11.5 lakh from her previous marriage as part of a settlement at the time of separation.A judgment of a single Judge bench of Justice H D Suthar of the Gujarat High Court upheld a 2020 order of the Principal Judge of the Family Court in Surendranagar, which had rejected the petition of the applicant for maintenance from her husband, who works in a private company in Mumbai.The High Court considered the submissions from the advocates appearing for the applicant and the respondent (husband) and concluded that the Family Court in Surendranagar, while rejecting the woman’s maintenance petition, had “not committed error” as “no perversity is found” in the reasons assigned by the court in rejecting the petition.Stating that no interference of the High Court is needed in the order of the Family Court, the High Court considered the submissions of the advocates for the respondent that the woman– who holds an MBA degree from a Pune college — had voluntarily left her matrimonial home, abandoning her then two-and-a-half-year old daughter.The court also noted submissions that the applicant had entered into a “third marriage with the respondent only with view to get settlement amount” and “cheated” the husband by hiding the facts of her previous marriage.The High Court judgment noted, “From her earlier marriage, (the applicant ) had received a permanent alimony of Rs. 11.50 lakh. Although she initially denied this fact, she later admitted the said facts during cross examination after the documentary evidence was presented. Further, she acknowledged having received the permanent alimony as part of a settlement in her earlier marriage… The Family Court correctly assessed the evidence and established that the applicant voluntarily left her matrimonial home and abandoned her minor child, who was approximately 2.5 years old at that time… and has been deprived of the mother’s care, love, and affection. It is further noted that the applicant, being an educated woman with an MBA degree, is capable of supporting herself and chose to leave her matrimonial home.”Story continues below this adThe High Court said that the Family Court had “appreciated the facts and findings” of the case to arrive at a decision to reject the maintenance plea filed by the woman.“The Family Court has rightly rejected the application of the applicant by observing that the applicant has voluntarily left the matrimonial home of (her husband) with her belongings in absence of the husband. In such circumstances, the applicant is not entitled to get maintenance from the man, who is her third husband,” the High Court said in its order.Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues. Expertise: Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including: Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground. Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure. Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case). Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions. Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More © The Indian Express Pvt Ltd