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.”

The 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.