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Puneet   26 December 2016

Need few citations where maintenance rejected to working

Hello All experts,

Inline with my previous query ,My wife has applied for maintenance under 24hma and 125 crpc.Even after all our efforts for amicable settlement, we are not going in fruitful direction..

So we decided to go on merits of the case. As per my lawyer , we will fight her maintenace application on below grounds,

1. A well educated and a working wife is not entitled for any maintenance.( She is MSC Comp Science and earning 15 k per month where as I am BTech and earning 60 K per month and 30 k as deduction against few loans ..so net in hand salary is around 25 K and I have to take care of my parents)

2. A wife who has deserted herself,/ or with mutual consent with her husband are not entitled for any maintenance ( She  has given this statement in her own handwriting saying that she is living separately on her own wish and also she has admitted this thing in counselling we undergone to save the marriage)

 

Also one more point is , I , myself have applied for divorce.

Can the experts here help me to get the way ahead. I would be very grateful if you could provide me few citations where in maintenace have been rejeccted on above grounds.

Thanks in advance



 1 Replies


(Guest)
Originally posted by : Puneet
Hello All experts,

Inline with my previous query ,My wife has applied for maintenance under 24hma and 125 crpc.Even after all our efforts for amicable settlement, we are not going in fruitful direction..

So we decided to go on merits of the case. As per my lawyer , we will fight her maintenace application on below grounds,

1. A well educated and a working wife is not entitled for any maintenance.( She is MSC Comp Science and earning 15 k per month where as I am BTech and earning 60 K per month and 30 k as deduction against few loans ..so net in hand salary is around 25 K and I have to take care of my parents)

2. A wife who has deserted herself,/ or with mutual consent with her husband are not entitled for any maintenance ( She  has given this statement in her own handwriting saying that she is living separately on her own wish and also she has admitted this thing in counselling we undergone to save the marriage)

 

Also one more point is , I , myself have applied for divorce.

Can the experts here help me to get the way ahead. I would be very grateful if you could provide me few citations where in maintenace have been rejeccted on above grounds.

Thanks in advance

Yes, there are many citations for your situation.  Be advised that court need not take into account while deciding a case the citations that you have provided.  Each citation holds good at the same level.  High court citations for High court and Supreme court citations for Supreme court.  This I say based on my experience.

You can find those in the archives of LCI.  Feel fee to help yourself.


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