unmesh 13 June 2017
Vasu 13 June 2017
Raveena Kataria (Advocate ) 22 June 2017
In Ikjot Chatwal v Balbir Chatwal, the wife was denied maintenance, having independent/consistent source of income.
In Damanreet Kaur v Indermeet Juneja & Anr, wife, not having source of income was still denied maintenance since the court ruled she possessed the capacity to work and earn.
In Bheekha Ram v Goma Devi & Ora, wife was awarded with no maintenance since she was the deserter.
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. email@example.com) 22 June 2017
You have to read these judgments completely only summery will misguide.
Now higher courts have ruled that the wife has right to get maintenance inspite of she is capable of earning. THERE ARE SO MANY JUDGMENTS AND EVEN HIGHER COURTS HAVE ENHANCED THE MONEY SO DO NOT REMAIN IN CONFUSION AND OVER CONFIDENCE.
Yes one route is open for you and similar others that if you can prove wife is deserter she does not have any right.
However in DV act this will also not work. You have to prove there was no domestic voilence. Even showing her mistakes will not work. YOU HAVE TO PROVE THERE WAS NO VOILENCE.
Do not confuse with earlier judgements , go through latest HC AND SC judgments.
Simhan (manager) 11 July 2018
how did you prove that wife left the matrimonial home voluntarily?
Inderjeet Singh Tanwar (Advocate) 06 February 2019
The judgement does not seem to be in relevance with the Topic/ Heading.