curiousity55 17 August 2015
Laxmi Kant Joshi (Advocate ) 17 August 2015
curiousity55 17 August 2015
thanks for your reply laxmi kant sir. sir,i have stopped her paying IM for last 3 months.Will it impact on me when cross is going to happen to her in few days...
SAINATH DEVALLA (LEGAL CONSULTANT) 17 August 2015
QUALIFIED WIFE CANNOT SIT IDLE AD CLAIM MAINTENANCE: BOMBAY HIGH COURT
A well qualified wife is not entitled to remain idle and harass her husband by claiming maintenance when she is capable to earn; she is not entitled to take advantage when she is in the wrong. This is what a family court said while rejecting the plea for maintenance from her estranged husband.
From the evidence placed before it, the court held, "It is clear that the wife has a good capacity to earn, thus she is not liable to get maintenance from her husband."
What were wife's grounds for demanding maintenance?
The woman had recently approached the court, seeking maintenance. Her application claimed that she was tortured at the hands of her in-laws, so she was staying separately in her maternal house since 2011. Her parents had to bear her additional expenses, the application claimed, and demanded maintenance from her husband.
What did she say to establish husband's riches?
She further claimed that her husband and his family had an affluent, business background, and makes profits of Rs15 lakh per month. She said that he owns several properties across the country and also in Dubai. "The husband has six companies, and 20 bank accounts in Mumbai, Bangalore and Dubai. His younger brother is working in London, his two siblings are into family business. He frequently travels abroad for his garment business. Considering the husband's status, the woman has demanded a monthly maintenance of Rs 2 lakh," reads the copy.
How did the husband counter her arguments?
The husband, however, claimed that in the first place, the woman is not his lawfully wedded wife, since the marriage was dissolved by way of talaq on September 2014. He also stated in his reply that she is a dietician and conducts private sessions at reputable institutes in Mumbai. He said she earns nothing less than Rs50,000 a month. Also, she has made huge investments, amounting to Rs 1 crore, in the form of gold and diamonds, which she has hidden in a separate bank locker, he claimed.
Why did the court say this case was different?
After going through the arguments by both the parties, the court held that as per the revised Muslim law, though a wife is entitled to get maintenance from her husband till the time she does not remarry, this case is different. "In this case, the woman is capable enough to earn and take care of herself. Thus, as per a judgment passed by a Madhya Pradesh high court, the woman, who is well qualified, cannot seek maintenance and cannot harass her husband," the court said, and rejected her plea.