right of maintenance by wife

Querist : Anonymous (Querist) 05 May 2011 This query is : Resolved
dear sir,

may I know if wife herself left the matrimonial home and never resided with husband .

if husband filles the case for divorce in such a case wife is eligible for maintenance.

one more query?

if wife from the day of marriage threatens by the name of dowry and police and by threatening her family collect surplus money from matrimonial home.

is family court concerns the serious issue in marriage relation?

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Devajyoti Barman (Expert) 05 May 2011
The answer is yes for both of your queries.

M/s. Y-not legal services (Expert) 06 May 2011
Yes. Agree with mr.barman. Even supreme court says a wife wantonly keeping her self away from maternal house mean she not entitled to claim maintenance..

M/s. Y-not legal services (Expert) 06 May 2011
For example.. In that case, wife filed a petition for divorce in the grounds of cruelty.. But before court of law cruelty not proved.. Petition dismissed.. Even though she was living away from her maternal house.. Subsequently she filed a maintenance case.. Maintenance allowed by trial court.. And confirmed by high court. But the land mark view given by the honourable supreme court..

G. ARAVINTHAN (Expert) 06 May 2011
Wife can get maintenance anyway from the date of marriage

Guest (Expert) 07 May 2011
Shaadi aik aisa laddu hai jo khaye woh bhi pachchtaye, jo na khaye woh bhi pachchtaye.

Once you have established relationship, you have to maintain that in one or the other form, either by keeping her with you or by paying her to live in separation.

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