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maintenance and alimony

(Querist) 14 August 2009 This query is : Resolved 
under what circumstances a wife can not claim maintenance and alimony. plz. give citation if any available.
charudureja (Expert) 14 August 2009
When a wife is living in adultry she isnt entiled to maintaince n if parties have taken divorce by mutual consent.
Citation will be provided by Mr. Kiran Kumar he is quite learned and uptodate inthis matter
n.k.sarin (Expert) 14 August 2009
Ms charudreja is right but i want to amend something.
It is correct to say, when a wife living in adultery she is not entitled for maintenance.If parties have taken divorce by mutual consent and there is nothing about maintenance,then wife may claim maintenance and she is entitled according to rule regulation.
R.R. KRISHNAA (Expert) 14 August 2009
Sec. 125 (4) Cr.PC---No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Husband has no obligation to maintain his wife is she is living in adultery.
Latest Case law: 1 (2009) DMC 599

Somnath mukherjee (Expert) 14 August 2009
II(2000)DMC 170 IF THE WIFE HAS SUFFICIENT CAPACITY TO MAINTAIN HERSELF THEN SHE CAN'T GET MAINTENANCE
sheeba (Expert) 14 August 2009
Maintenance can be claimed under s.125 Cr.pc. maintenance can be granted to wife if she is unable to maintain herself. This has to be proved by the wife.
In case that the wife leads her life in adultery, or she is in a greater financial position than of her husband, or mutual consent for divorce had been granted, then it is not necessary to maintain her.
The ground of bigamy or adultery etc has to be proved without any ambiguity before the court of law.
G. ARAVINTHAN (Expert) 15 August 2009
If the husband is able to prove that his wife is earning sufficient means to lead a good life
SANJAY DIXIT (Expert) 15 August 2009
For app. case law pls state the facts on which your case is based.
In general
1) if wife is living seperately by mutual consent
2) if wife is living in adultery
3) if wife is able to maintain and earning
she can't claim the maintenance.
ad. creaminall (Querist) 15 August 2009
thank you all.
Kamal Grover (Expert) 16 August 2009
Mr.Krishana, Somnath and Sanjay are quite right. you can go accordingly.
Your further clarification is welcome at nominal fee at;
adv.kamal.grover@gmail.com
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards


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