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Manish (It Professional)     30 July 2010

Can order of maintanance be denied?

Dear Sir, I got married in Nov. 2008 and my wife ran away with her boy friend after two months of marriage with gold and cash of Rs. 5 lacs, this incident was reported to police station. She filled a false case of 498A after police filling final report the case is conerted to the complaint case. She also filled a case of maintanance under crpc 125. can anybody please suggests that if there is any ground to deny maintanance to wife? respondent husband is handicapped and earning.



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 2 Replies

Arup (UNEMPLOYED)     30 July 2010

you must have some solid base to tell that -

your wife ran away with her boy friend after two months of marriage with gold and cash of Rs. 5 lacs,

this is enough cause to refuse maintenance.

this incident was reported to police station. - this will strengthen your case.

what about allegations of 498a? this will help her.

Sangeeth (Advocate)     30 July 2010

The claim for maintenance can be denied by the court in various aspects. If your wife is having an income from a job you may be exempted from payment of maintenance. 

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