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neha (value)     19 August 2010

Pl give citation on hindu adoption and maintenance law

Dear Sir,

My friend is filed maintenance under hindu apoption & Main Act under sc 18 r/w 23 in mumbai FC

and her divorce was filed by husband under cruelty in a pune court and the divorce was granted on grounds of crulety though enough oppurtunity to lead evidence was not given hence the said divorce order was stayed in the FCA High court and admitted

Meanwhile as the divorce was granted the mumbai Family court wherein the maintenance petition was filed had deleted issues of cruelty and desertion in view of the divorce granted on grounds of cruelty.

Now as in maintenance case the only point to be proved was the status of husband ,the quantum of maintenance wife should get

and whether the husband is capabl to pay the said maintenance

now the wife had field written argument

but the judege did not grant any maintenece

stating that as divorce is gratnted on grounds of cruelty

and as precedor judge of mumbai FC had deleted issues of crulety and desertion

the wife is not entitled for maintenace

now pl give judgements wherein it states that wife will be entitled for maintenace




 3 Replies


(Guest)

It is rightly held by FC that under Section 18 of the Act, petition can be filed by a legally wedded wife and not by a person who is not lawfully married as of date of appeal and for this conclusion the learned trial Court has probably drawn the support from the judgment of the Supreme Court in the case of Savitaben Somabhai Bhatiya Vs. State of Gujarat, AIR 2005 SC 2141 and of probably Delhi High Court in the case of Ms. Suresh Khullar Vs. Vijay Khullar, II (2002) DMC 131. However, let me add here that Savitaben Somabhai Bhatiya (Supra) was a case where the second wife was claiming maintenance under Section 125 Cr.P.C.


These are my assumptions and may be totally different since the Order sheet are not in front of me to go deep.

neha (value)     24 August 2010

thanks alot


(Guest)

Okies, I know I can't please everyone here as it is not my dharma. The best thing you could have done was to typo. the complete Order sheet and I am aware you are not happy by my abv. take.

However, all the best.


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