hindu adoption and maintenance act

neha (Querist) 19 August 2010 This query is : Resolved
Dear Sir,
My friend is filed maintenance under hindu apoption & Main Act under sc 18 r/w 23 in mumbai FC
and her divorce was filed by husband under cruelty in a pune court and the divorce was granted on grounds of crulety though enough oppurtunity to lead evidence was not given hence the said divorce order was stayed in the FCA High court and admitted
Meanwhile as the divorce was granted the mumbai Family court wherein the maintenance petition was filed had deleted issues of cruelty and desertion in view of the divorce granted on grounds of cruelty.
Now as in maintenance case the only point to be proved was the status of husband ,the quantum of maintenance wife should get
and whether the husband is capabl to pay the said maintenance
now the wife had field written argument
but the judege did not grant any maintenece
stating that as divorce is gratnted on grounds of cruelty
and as precedor judge of mumbai FC had deleted issues of crulety and desertion
the wife is not entitled for maintenace
now pl give judgements wherein it states that wife will be entitled for maintenace

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adv. rajeev ( rajoo ) (Expert) 19 August 2010
even divorced woman is entittled for the maintenance.

s.subramanian (Expert) 19 August 2010
yes. Mr.Rajoo is right.

Devajyoti Barman (Expert) 19 August 2010
The ground of desertion is no reason for rejecting the claim of maintenance. The supreme court relying upon the decision of the Calcutta high court has decided on this point.

Guest (Expert) 19 August 2010
1. Kindly share the last Order of the (FC) trial court on dismissal on S. 18 HAMA reasoning part.

2. Mumbai HC has a ruling which says if cruelty proved then wife is not entitled for maint. may be that ruling applied in your case, however it may be clear only if you may share last Order of FC ?

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