Maintenance to wife

Querist : Anonymous (Querist) 05 June 2011 This query is : Resolved
Dear Experts,

Can a husband be asked to pay maintenance for a wife for a past period when he sent her to her home and filed divorce and the process is carried out in the family court , when during such time she incurred medical expenses for her pregnancy ? Can the husband be asked to reimburse the amount spent by the wife for her delivery and for her baby - on production of the actual medical bills ?

If the wife is working at present but is asking for the reimbursement of expenses from her husband for the reasons stated above - is it permissible?

Thanks for your guidance

____________________________________________________

12 - 06 - 2011

Thanks experts for your valuable time and guidance to me

Respected Expert Tajobsindia (sorry i dont know how to address you - which is why i am using your login name):

Yes the understanding of yours is absolutely right.
What i want to clarify is the following by stating the original facts:

Wife was sent to her parental home within 6 months of marriage when she was 3.5 months pregnant (November 2009)

Within 10 days of sending her home husband filed petition for dissolution of marriage (November 2009)

She delieverd a baby in April 2010

Wife was unemployed from her wedding till January 2011

All her expenses and her baby's are being taken care of by her parents

Till date (June 2011) the case is going on at the family court

The case is in the enquiry stage
Wife has submitted counter affidavit to reunite with her husband by has explained elaborately and denied the allegations with sufficient valid proofs

Can the wife claim maintenance for the period from november 2009 - january 2011 - Atleast for the medical expenditure for herself and the baby

thanks sir

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Tajobsindia (Expert) 06 June 2011
Earlier ans.: Yes she can pray for it even though she is currently working.

I am changing my earlier answer as now I re-read your que. once again and basically you are saying that as eg. on 01-01-2000 she left to her home and never returned back. Meanwhile she gave birth and incurred pregnancy related expenses. But on 01-01-2002 she files for maint. so will court grant maint. from 01-01-2000 ? If this interpretation of your que. more or less is correct then in my opinion Court will grant maint. (if proved) from date of filing of her Application till case goes on i.e. from 01-01-2002.
Kindly correct me if I read this time your enquiry correctly !

Advocate Bhartesh goyal (Expert) 06 June 2011
She can also claim maintenance if her earnings is insufficient to maintain herself.

Jitendar Kumar gupta (Expert) 06 June 2011
Yes she can claim.

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