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Husband can claim maintanace from wife - Supriem Court

(Querist) 10 April 2008 This query is : Resolved 
Respected sir

I am a christian. I would like to apply maintanace from my wife. But no section is in Cr.P.C.I was told about many Supriem Court Judgements said that Husband can claim maintanace form his wife if she is earning and having large land properties. Now, I am not having any Supriem Court judgement copy and their details. Kindly could you provide that details? sothat i can appy for maintanace form my wife. If you give the details to me it would be very helpfull to me and socity too.
grinspan (Querist) 10 April 2008
I am a christian. I would like to apply maintanace from my wife. But no section is in Cr.P.C.I was told about many Supriem Court Judgements said that Husband can claim maintanace form his wife if she is earning and having large land properties. Now, I am not having any Supriem Court judgement copy and their details. Kindly could you provide that details? sothat i can appy for maintanace form my wife. If you give the details to me it would be very helpfull to me and socity too.
Jithendra.H.J (Expert) 10 April 2008
under Cr.P.C husband is not entitled, he can under personal law.
refer 1) AIR 1936 Bom 442

and Refer Indian Divorce Act,
and section 41 of Parsi Marriage and Divorce Act 1865 you will get some idea
Jithendra.H.J (Expert) 10 April 2008
.
Srinivas.B.S.S.T (Expert) 09 June 2008
I am sorry to say Mister that there is no provision under Section 125 Cr.P.C, to make husband entitle to receive maintenance from wife. But in Hindu personal Law i.e., in Hindu Adoprtions and Maintenance Act 1956 Section 18 provides an oppurtunity for a husband to claim maintenance from the wife, in case she is the earning member.
SANJAY DIXIT (Expert) 16 June 2008
Dear Grinspan,
There are no such provisions in Cr.P.C. or Indian Divorce Act. A Christian husband can not claim maintenance against his wife.


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