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unmesh   13 June 2017

Maintenance denied to wife judgement

Hi,

My wife has filed DV against me after I filed divorce. I am looking for HC/SC judgement where:
1. Maintenance was denied as DV was filed only for harassment after divorce was filed & DV could not be proven by wife.
2. Maintenance was denied as it was proved that wife left matrimonial home voluntarily.
3. Maintenance was denied for educated wife who is capable of working.
 
Thanks in advance for your help.


Learning

 6 Replies

Vasu   13 June 2017

The Mumbai high court on Mamta Jaiswal vs Rajesh Jaiswal stated that well qualified wife can not sit idle and claim maintenance from husband

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. lawproblems@gmail.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.

2 Like

Anonymous reply (abcd)     29 June 2018

Simhan (manager)     11 July 2018

Der unmesh,

how did you prove that wife left the matrimonial home voluntarily?

REg,

Inderjeet Singh Tanwar (Advocate)     06 February 2019

The judgement does not seem to be in relevance with the Topic/ Heading.

 

www.ethicallegal.in


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