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Sunil Patil (Engg)     29 July 2012

Interim maintenance denied

Hello,

Have a interim maintenance argument coming up soon. Wife had a planned desertion and all proof of her taking a planned leave from work etc is avaialble, besdies the letter written to her asking her to come back (4 letters), SMS's asking her to come back (12 nos), air ticktes given, her SMS saying she wont come back, her 2 letters saying I wont come back etc... She had taken our daughter along with her for the holiday.

She went on holiday to her parents place for 7 days, and then went to another location after 2 months with them (and I'd no idea for 2 months where she was)...until i found her and then the communication process of asking her to come back.

Can someone help me with judgements citing where interim maintenance hasnt been passed?

Thanks



Learning

 3 Replies

Nitish Banka (lawyer)     29 July 2012

No wife shall be entitled to receive an 4 [allowance for the maintenance or the interim maintenance and expenses of proceeding , as the case may be] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent. 

 

Please find this landmark SC judgement it will help you.

https://mynation.net/docs/316-2008/

sunil (Engineer)     30 July 2012

Dear Nitish,

As per you if they are living seperately by mutual consent, still court is ordering maintenace.

How can you support this???

Nitish Banka (lawyer)     30 July 2012

See wilful desertion and adultry are the grounds on which maintainence can be denied.But seperation by mutual consent is a personal decision and courts have no authority in it.


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