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Varun Kumar (SE)     13 December 2014

Maintenance of wife and child

My wife went to her parents home for trivial reasons.. We tried our best to get her back along with our child.but all in vain.. She doesnt really want to come back.. I sent a letter thru registered post and got acknowlegement signed by response by phone or in person...

All known people said dont go after her .. She will come back when time teaches her lesson..

i sent a message that i do not need to maintain you while u there and failing to wife's duty..? Is that Ok when u say u are not supposed to be get anything from me when u do not do ur duty at my matrimonail home ?

But I am ready to take responsiblity of my child...I told her to ask if she needs anything for the child ...

Will I be in trouble ? if they come and ask at later stage that you didn't maintain ur wife and the child while she was at her parental home 

 2 Replies

Simran Kaur (Advocate/Legal Consultant     13 December 2014

Mr. Varun, 

A wife cannot both live in a separate residence without fulfilling conjugal obligations and claim maintenance unless she has legitimate reasons to do so. However, you are bound to maintain your child under law, under any circumstances.


T. Kalaiselvan, Advocate (Advocate)     14 December 2014

Though you are logically and legally right in contending to your wife  that she will not be entitled for any maintenance by you if she had voluntarily abandoned the matrimonial without any valid reason, in your letter you should have quoted the wordings this way as I have said above, and also should have mentioned that the entire fault lies on her to stay away, in any case you cannot give a blackmailing letter this way that is she is not returning you she will not be entitled to anything from you, this will turn against you and will be considered that you have actually tortured her hence she left your company.  Take the help of a local lawyer for the legal complications that may develop due to this in the near future.

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