Restitution of conjugal rights

Querist : Anonymous (Querist) 03 February 2010 This query is : Resolved
husband has filed petition for Restitution of conjugal rights u/s 9 against the wife and wife didnt wish to go back as she has sufficient reason to reside separate.
now cae is in court can the Respondent wife claim interim maintenance for herself as she is not working. any judgment?

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Binod Kumar Mishra (Expert) 03 February 2010
no the wife has no reason to ask for interim maintainance because if husband is ready to keep her wife then irrespective of grounds, i think she can't ask for interim maintenance.

R.R. KRISHNAA (Expert) 03 February 2010
I agree with Mr. Binod. But if the wife is staying seperately due to harassment of the husband then the wife is entitled to claim maintenance from her husband.

Swami Sadashiva Brahmendra Sar (Expert) 03 February 2010
She can claim interim maintenance.

Sukhija (Expert) 03 February 2010
She can claim interim maintenance and oppose RCR petition as well.

Raj Kumar Makkad (Expert) 03 February 2010
It is strange to know that some of the experts have fogotton the provision of section 24 Hindu Marriage Act in such cases vide which wife can claim for interim maintenance even if her husband is ready to reside with her. It has also been told in the quarry that wife has sufficient reasons to live separately from her husband means husband has provided her such reasons so she is very much entitled for the grant of interim maintenance.

2008 (4) RCR (Civil) 429 (P & H)

Arvind Singh Chauhan (Expert) 03 February 2010
Raj Sir is quite right.

Yamalapalli Haribob (Expert) 04 February 2010
If the wife has sufficient to reason to reside separately, absolutely she is entitled to get maintenance from her husband.

B K Raghavendra Rao (Expert) 05 February 2010
I would add: if she is not employed she seek maintenance for herself and has child from the wedlock, she can claim maintenance for the child also.

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