Maintenance allowance

Guest (Querist) 01 March 2012 This query is : Resolved
My wife filed a case 125 cr.p.c for maintenance last year. Court passed interim order for Rs.1200/- for wife and Rs.800/- for minor child. I have been paying the said amount regularly.

Now in first week of January 2012 court has passed the final order. My wife's petition is declined and dismissed and court had allowed the Rs.1200/- for minor son.

My wife petition is decline on the ground that she refuses to join my company without reasonable cause.

Domestic voilence case is still pending.

My query : Now i am not intersted to live with my wife. If i refuse. She is still intitle for monthly maintenance.

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sanjeev murthy desai (Expert) 01 March 2012
Yes absolutely if you refuse she is entitle for maintenance

Deepak Nair (Expert) 01 March 2012
If you seek divorce, then she has the right to claim maintenance. But, her unwillingness to join with you will definitely have an impact on the quantum of maintenance.

R.K Nanda (Expert) 01 March 2012
Yes, she is still entitled for maintenance.

R.K.NANDA-ADVOCATE

Arvind Singh Chauhan (Expert) 01 March 2012
In my opinion. As she is living apart without any reasonable cause and if the same condition remains ahead till filing the divorce and such desertion is one of the ground of divorce. She is not entitled to maintenance.

Raj Kumar Makkad (Expert) 01 March 2012
It depends upon the facts of the case whether a wife is entitled or not for the maintenance allowance. Generally it is difficult to establish by husband that wife is living separately for her own wishes and without any reasonable causes.

Shantilal Pandya (Expert) 02 March 2012
If you decline to live with her after passing of the order of the court as stated by you, she will have a fresh cause of action and would be entitled in law to initiate a fresh -a new- petition for maintenance

V R SHROFF (Expert) 02 March 2012
Do not submit you do not want
"My query : Now i am not intersted to live with my wife. If i refuse. "
Ans:
DO NOT TAKE THIS STAND ANYWHERE.

Shonee Kapoor (Expert) 04 March 2012
But if you want divorce, file for it, using this judgement that she has wilfully left the home and that would buttress your claim.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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