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Wife has filed for 15crpc

(Querist) 10 July 2015 This query is : Resolved 
Me n my wife are married for past 2 years and have a son who is 1.5 yrs old....Due to some petty fight between my mother and wife she has left my house since past 6 mnths and not yet returned and filed a case of 125c mainatnace charges,we are ready to accept her but she doesnt want to come back.....is she eligible for 125c section if she left on her own ....and how can i fight against this????
Debojit Chatterjee (Expert) 10 July 2015
she is not eligible for getting maintenance if you can prove that she refused to live with you having no sufficient reason and you need to contest her claim by filing written objection and u too can file a case for restitution of conjugal rights under sec 9 of hm act as you are deprived of such rights without any just cause
Rajendra K Goyal (Expert) 11 July 2015
If she is employed or having adequate means of income proved in court, maintenance may not be awarded.


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