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Anand (CEO)     13 March 2014

Maintenance claim by wife who quit job

I from Mangalore. Wife now in Mumbai. Case in Mumbai.

My wife left job and filed for maintenance.  I have proof she resigned good pay job. 


I NEED JUDGMENT OF BOMBAY HIGH COURT OR SUPREME COURT THAT IF WIFE LEFT JOB, NO MAINTENANCE.
I already look at   list of judgments posted by Sufferer. Did not find one that fit this fact.

PLEASE HELP.  VERY DESPERATE NOW.

Actual case is little complex but this is what I need now. Arguments due in one week from now. PLEASE HELP.



Learning

 7 Replies

stanley (Freedom)     14 March 2014

go through this link 

https://www.lawyersclubindia.com/forum/When-wife-can-be-denied-maintenance-98510.asp

 

Secondly your counsel has to argue on the fact that she was a working women and is capable of working .If she has any fixed deposits and is earning interest out of them it means she has a source of income . 

stanley (Freedom)     14 March 2014

go through this link 

https://www.lawyersclubindia.com/forum/When-wife-can-be-denied-maintenance-98510.asp

 

Secondly your counsel has to argue on the fact that she was a working women and is capable of working .If she has any fixed deposits and is earning interest out of them it means she has a source of income . 

Anand (CEO)     14 March 2014

Thank you sir. She file too for maintenance from my father as I live with parents. Possible she get such maintenance too? Parents have good income. More than me.

sandykrish (Interested in Family LAW)     14 March 2014

@ Anand who's money what goes. Sorry you designation would give us a different outlook together, Once you have crossed 18 and I assume your wife has also crossed the age of 18 in this case. Where does your father come into picture and its a shame on your part  putting your parents in the limelight for maintenance case. Once you are married it is your sole responsibility of maintaining your wife, One basic questions for you.

Did you marry the girl becasue you were confident that your parents would take take care of you , your wife and their childrens? If you are able to answer this question I belive this answer suffices 

Anand (CEO)     14 March 2014

@sandykrish. I not control what she demands from whom and what papers she files. She ask from my father not I. Why u rude to me I not understand.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2014

Dear ANAND

only a wife with no sufficient source of permanent income can claim maintenance from her husband. The facts of this case were that the couple were residing separately since 2007 and the husband had moved the court for divorce on the grounds of cruelty, which was dismissed by a family court. Meanwhile the wife too moved the court which allowed her plea and granted judicial separation to the couple and set Rs 25,000 as monthly maintenance. The husband challenged the maintenance order and a single bench of the High Court set aside the maintenance order, following which the wife had challenged the orders and sought Rs 15,000 as maintenance in the present case. 

The Court pointed out that it had come in evidence that the appellant-wife had invested Rs 50 lakh in fixed deposits and also made investments in mutual funds. She has also invested another Rs 2 lakh that she got as interim maintenance in a fixed deposit. The Court noted that if she was in dire need of money she would used the funds of interim maintenance and not invested them in a fixed deposit. The Court further noted that she resided in a flat that she had bought with her husband, who said she had exclusive possession of the house which meant there was no rent to be paid. Relying on the judgment of Shehnaz Arvind Mudbhatkal Vs. Arvind Ramkrishna Mudbhatkal [2011 (6) Mah LJ 719] the Court ruled that since the wife is getting more than Rs 37,500 per month as interest and had more than Rs 50 lakh in the bank and in addition her son was providing money for her maintenance and other expenses hence no one was dependent in this case

Anand (CEO)     26 March 2014

thank u adv. qureshi.  What if wife worked before but not now. Resigned from job. Do you have judgment for this please. Anybody else?


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