Mohammed Sharif v. Raisa Begum : 1986 (2) DMC 456 : 1986 (2) BCR 276 : (1986) 2 HLR 402 : (1986) MhLJ 1041 : 1987 MLR 111 : LRC Online 7 (Bom)
Section 125-Order granting maintenance to Muslim wife-Revision-Wrong committed by wife which drives husband to contract a second marriage disentitles the wife to claim maintenance-wife had been living away from her husband without any justification-Initially husband was not happy about that position and he tried to take her back but when she was adamant he became reconciled to that position and married a second wife-Filling of petition by wife for maintenance on ground that her husband has married a second wife cannot but amount to taking advantage of her own wrong-Impugned order set aside-Petition allowed.
Held : The real ratio of the Allahabad, Madras and the Nagpur Authority is not based upon the passage of time. The real principle involved is that the wrong committed by the wife which drives the husband to contract a second marriage disentitles the wife to claim maintenance. It in any of those cases there was a sustained period of separation between the husband and the wife, volunteered by the wife herself, in the present case is the notice given by the husband by which he kept on record all the facts and showed that she was in the wrong. He further stated that inspite of all these facts he wanted her to come back to him to lead a happy married life. It is not as if that he did not give he a reasonable period to consider. I do not see why the reasonable period should consist of year and year is together. It would-be an unreasonable law if it expects a husband to remain unhappy and miserable for years together just because his wife decides to cut her own nose to spite his face. She decided to remain adamant. Her present contention is that he wanted her to bring a golden ring for the child. The notice given by the husband completely belies her Both the courts below have held that her contention is not true. She had, therefore, no justification whatsoever not to comply with the most reasonable demand made by the notice. It is this fact which has driven the husband to find new sources for a happy married life. His personal law allowed him to do so. In this view of the matter, to my mind it cannot be side the wife was not in the wrong. It follows that her filling of the petition for maintenance on the ground that he husband has married a second wife cannot but amount to taking advantage of her own wrong.