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bhanudassss (service)     10 July 2017

Can wife taking divorce ask for maintenance from husband?

Hindu wife did not want to have a relationship with husband and wanted the divorce on the ground of irretrievable breakdown of the marriage. The court granted it. Now wife asking for maintenance from the husband. Is the wife taking divorce entitled for maintenance?



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 11 Replies

Arjun Kohli   10 July 2017

Indeed. The wife is entitled to file for Maintenance. To grant the same or not is upon the discretion of the Court upon reviewing the relevant factors for the same.

1 Like

Raveena Kataria (Advocate )     10 July 2017

As is stated aboved.

Please take note of what's been laid down in explanation (b) u/s 125(1) of the CrPC: "Wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried." Thus, the husband is not bound to pay maintenance, (even after the court decree for maintenance in wife's favor if any is awarded, as it shall be canceled,) as soon as the wife remarries.

Also, note, s125 clarifies that wife wouldn't be entitled to maintenance if:
-she's living in adultery.
-she's refused to live with the husband for no sufficient reason
-she and the husband are living apart upon mutual consent. However, the court would need proof to deny maintenance to wife based on either of these grounds.

1 Like

Sachin (N.A)     10 July 2017

Agree with both the above views.

bhanudassss (service)     10 July 2017

Raveenaji,

Thanks for the reply.  Point in the question is, as per record wife deserted husband for 7 years by making false allegations and litigations to extract money.  When allegations proved false and she was not successful in litigations, she filed divorce on the ground of irretrievable breakdown of the marriage.    The marriage broke down due to the fault of wife then how she can ask for maintenance.

Sachin (N.A)     10 July 2017

Originally posted by : bhanudassss

Point in the question is,

as per record wife deserted husband for 7 years by making false allegations and litigations to extract money.  When allegations proved false and she was not successful in litigations, she filed divorce on the ground of irretrievable breakdown of the marriage.    The marriage broke down due to the fault of wife then how she can ask for maintenance.

 

If you can prove that she deserted you and her false cases was the reason behind breakdown of marriage.  Court may refuse to provide relief to her

Kumar Doab (FIN)     10 July 2017

You have been appropriately advised.

Azhagananth (Lawyer)     11 July 2017

As per setion 25 of Hindu marriage Act - Permanent Alimony, a wife is entitled to get maintenance even after obtaining divorce. the section reads as follows,

25 Permanent alimony and maintenance .—

(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall  pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had s*xual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].
 
 
 
The Law feels the above section as ground for last chance of Reunion of parties.
1 Like

bhanudassss (service)     12 July 2017

Thanks Adv. Azhagananth for your precise reply.  This post will remove confusion in minds of many people.


(Guest)

Wiffe taking divorce only will ask for mentennace. who else will ask your kaamwali?

 

Rajendra K Goyal (Advocate)     13 July 2017

Vague post by member account deleted.

Arjun Kohli   15 July 2017

Originally posted by : bhanudassss
Raveenaji,

Thanks for the reply.  Point in the question is, as per record wife deserted husband for 7 years by making false allegations and litigations to extract money.  When allegations proved false and she was not successful in litigations, she filed divorce on the ground of irretrievable breakdown of the marriage.    The marriage broke down due to the fault of wife then how she can ask for maintenance.

Desertion is a sufficient ground to defeat the wife's claim to any Maintenance and the same has been laid out by Raveena ji in her original response to you. Therefore, all you need to do is prove that the allegations/cases she has filed against you were merely an excuse to prima facie shield her from the accusation of Desertion. 


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