1. Here is the peculiar case wherein the question arises for consideration is whether the husband, who obtained decree for divorce on the ground of refusal on the part of the wife to live with her husband is liable to pay any maintenance and if so, the period from which his liability to pay maintenance commences.

2. The facts, which are relevant for consideration herein are that the petitioner-husband and the respondent-wife got married on 10.07.2003 and the wife left the husband on her own and the parties started living separately from 12.02.2004. The husband filed a petition for divorce on 27.11.2004 on the file of Sub-Court, Chingleput on two grounds, namely, desertion and act of cruelty on the part of wife. During pendency of the divorce petition, wife also came forward with M.C.No.41 of 2005 filed on 2.8.2005 petition under Section 125 of Criminal Procedure Code for monthly maintenance before the learned Chief Judicial Magistrate, Vellore. The wife, on service of notice appeared in the Divorce petition and also filed Transfer C.M.P.No.343 of 2007, seeking transfer of HMOP to different Court, but the transfer CMP was after hearing both sides, dismissed on 29.10.2008.