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maintenance and alimony

(Querist) 15 August 2009 This query is : Resolved 
wife has left her matrimonial home since about last four years when she was pregnant. her baby is now about 3 or 4 yrs. old. after leaving her matrimonial home she never demanded any maintenance or never filed any complaint about crulty, dowary, harassment etc against her husband or inlaws. now suddenly she demanding maintenance from her husband when her husband has filed a petition for restitution of conjugle rights. i need your guidence and citation on behalf of husband to oppose the maitenance application filed by wife. plz. give me any citation if is available that wife can not claim maintenance if she living separately from her husband without any reason.
R.R. KRISHNAA (Expert) 15 August 2009
AIR 1970 P & H 284 (Hardeep Singh Vs Dalip Kaur)
AIR 1959 MP 349 (Leela Devi Vs Manohar Lal)

Both the above mentioned cases are very similar to the facts presented by you. In both the cases it has been held that wife living separately from husband cannot claim maintenance.

I wish you success. If you have any further querries feel free to contact me.
Kamal Grover (Expert) 16 August 2009
AIR 1970 P&H 284 (Hardeep Singh vs Dalip kaur) and there are other various cases which shows that if the wife is living sepretly without any reason and husband wants her to be with him then she is not entitle. Searching of citations is the job of your counsel.
Your further clarification is welcome at nominal fee at;
With Regards
MANISH (Expert) 16 August 2009
Dear friend,
there may be many citations if searched.
Even 125 CrPC also provides that if the applicant is residing separately from respondent without any sufficient cause. Now this term "without any sufficient cause" covers your query.

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