maintenance
Priyanka mehta
(Querist) 29 September 2009
This query is : Resolved
sir,
wife has not agreed the same but she is residing seperately since 2005 and earning Rs. 5000 p.m and never took any efforts to reconsile and whenever the husband asked her to come back wife denied.
is there any judgement where maintenance to earning wife denied as she deserted the husband without any reason.
AEJAZ AHMED
(Expert) 29 September 2009
Dear Priyanka,
Following Judgments I think help you some how:
1) 1997 MLJ Crl. 740
(K.Kasthur V. C.Alavutheen Ravuthar)
"9........ The following four ingredients have to be established by the wife,
in order to enable the Court to invoke this Section, for passing the award of
maintenance;
(1) The wife must be a legally wedded wie
(2) the wife must be unable to maintain herself
(3) The husband must have sufficient means
(4) The wife must have been neglected or refused to be maintained by the
husband.
Only if all these ingredients are established, the Court could pass an order of maintenance. If anyone of the ingredients is absent, then it would not be
possible for the Court to invoke this Section.
2) G.Thangarajan V/s Selva Priya & another
http://indiankanoon.org/doc/1908414/
Observation:
12. A wife, who deliberately deserts the husband's company, obviously would not
be entitled to any maintenance. If 'animus deserendi' is there on the part of
the wife in living away from the husband for no good reason, certainly she
should not be encouraged by providing her with maintenance, by any order of this
Court. However, in this case the wife would contend that she strained every
nerve to see that reunion took place between the husband and the wife, even by
approaching the police. However, the husband would submit that after the
compromise before this Court, in the earlier C.R.P. proceedings, the wife
abruptly left the Court premises and never acceded to the request of the husband
for reunion; furthermore, she also imposed condition precedent for reunion that
the husband should leave his mother and sister.
Sukhija
(Expert) 29 September 2009
Thanks Adv Ahmed
I totally agree with Adv Ahmed.
Raj Kumar Makkad
(Expert) 29 September 2009
Ahmed has done exclusively without involvement of any other expert. thanx for him.
joyce
(Expert) 29 September 2009
Well-explained the querry by mr. Ahmed, the citation n exmaple will help u. I certainly agree hand in hand with Ahmed.
Guest
(Expert) 30 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MAINTAINENCE TO WIFE KINDLY NOTE THAT.
1.INCOME PROOF OF HUSBAND AND WIFE AND DEPENDENT FAMILY MEMBERS OF HUSBAND AND WIFE INCLUDING CHILDREN ,PRODUCED IN THE COURT WILL BE DECIDING FACTOR WHILE DECIDING THE AMOUNT OF MAINTAINENCE TO WIFE
2.SEVERAL CITATIONS WILL BE AVAILABLE YOU MAY SEARCH THE SUPREME COURT OF INDIA JUDGEMENTS ON MAINTAINENCE ON THE NET AND YOU CAN HELP YOURSELF.
3.KINDLY SEND EXACT DETAILS OF THE CASE AND MAINTAINENCE UNDER CRPC.125 OR HINDU MARRIAGE ACT. AND OTHER DETAILS OF THE CASE .
KINDLY NOTE THAT UNDER CRIMINAL PROCEDURE CODE SEC.125 THERE IS A CERTAIN MAXIMUM AMOUNT FIXED AS MAINTAINENCE TO WIFE BUT UNDER HINDU MARRIAGE ACT , HINDU ADOPTION AND MAINTAINENCE ACT ,IT DOES NOT APPLY AND STANDARD OF LIVING AND INCOME OF HUSBAND AND ALSO OF WIFE WILL BE TAKEN IN TO CONSIDERATION WHILE DECIDING THE AMOUNT OF MAINTAINENCE KINDLY NOTE.
IN CASE YOU NEED ANY FURTHER HELP
YOU MAY WRITE AND SEND DETAILS OR CALL
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE.
vinjamuri ranga babu
(Expert) 01 October 2009
hello,
either spouse can ask for maintenance from whom earning. for this law clear.
Khaleel Ahmed Mohammed
(Expert) 04 October 2009
You have to prove that your wife has deserted you. You are advised hereby file a civil suit for restitution of conjugal rights against your wife.
sanjay kumar patibandla
(Expert) 29 September 2009
