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Amit Kumar   03 April 2024

regarding 144 maintenance law

is it possible to reject maintenance under 144 if wife is working and educated and living away from husband to earn money.
without informing husband.

on what grounds husband can give divorce?

also, if judge asks whether you want to keep your wife or not then can I say No as I don't want to live with my wife now after all this she did to me???


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     03 April 2024

If you have not filed the divorce case yet then why should the judge ask you that whether you will take back your wife or not.

If you have sufficient documentary evidences to prove her acts of cruelty then you can file a contested divorce case on the grounds of cruelty.

What is section 144 you are referrig here for giving maintenance to her.

You can  prove her employment details and can oppose to her maintenance application if she files one

Amit Kumar   04 April 2024

now 125 has been changed to 144.
when I will file divorce, then judge will ask as it's a general question judges ask.
what do you mean by documentary evidence of cruelty?

Dr. J C Vashista (Advocate )     04 April 2024

What is section 144 now changed to 125 referred by you ?

You have mentioned in the facts of your post, inter alia, "...Wife is working for earning and staying away without informing husband...."  what do you intend to convey is vague and not clear ?

You have queried, ";;;;;on what grounds husband can give divorce;;;;"  what is your problem , if any?  It should not be an examination hall question paper??

Prima facie it is a hypothetical and time pass post but not a real problem.

Real Soul.... (LEGAL)     04 April 2024

The order of amintenanace if issued by the court shall be abided or you will be in arrears, wehather it is old 125 CrPC or new 144 BNCC , you have to pay and only if you can prove in the court that you wife is earning well only then the court can decide. However you can file for divorce on the ground as stated in section 13 of HMA 

13. Divorce.—(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— 1 [(i) has, after the solemnization of the marriage, had voluntary s*xual intercourse with any person other than his or her spouse; or (ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] (ii) has ceased to be a Hindu by conversion to another religion; or 2 [(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder 


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