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maintenance

(Querist) 29 September 2009 This query is : Resolved 
hi, husband has filed divorce on the ground of desertion now wife has filed maintenance application. whether wife is allowed to claim maintenance from husband if she has desrted the husband? any judgment to support the same
AEJAZ AHMED (Expert) 29 September 2009
Dear Priyanka,

whether wife is allowed to claim maintenance from husband if she has desrted the husband?

1.. Did Wife Admitted/Accepted the "Allegations" of "Desertion" levelled by her husband....??

2.. Did she Stated in her Maintenance Case that she has deserted her husband...??
Sachin Bhatia (Expert) 29 September 2009
Priyanka can you tell us the reason for Desertion by the wife, so can we provide the supportive Judgement....
n.k.sarin (Expert) 29 September 2009
Priyanka ji its depend on what ground she deserted the husband.
Sukhija (Expert) 29 September 2009
Hi priyanka
there shd b valid ground for deserting her husband.
Sarvesh Kumar Sharma Advocate (Expert) 29 September 2009
depend on what ground she deserted the husband
Raj Kumar Makkad (Expert) 29 September 2009
It doesn't matter whether wife has deserted her husband or not. Question is only that marriage is admitted and wife has no means of her livelihood. If both the conditions satisfied, maintenance shall definitely be allowed to her. Desertion may be on the basis of cruelties of husband.
SANJAY DIXIT (Expert) 06 October 2009
Yes Mr Makkad is quite right. I agree with the views made by him.
Dear Priyanka, you have not disclosed the nature of maintenance case; is it U/s 125 Cr.P.C. or U/s 24 H.M.Act.


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