narainreddy (Lawyer) 27 January 2010

Right of divorced wife to claim maintenance

Whether wife is entitled to maintenance even though husband got divorce on the ground of desertion and cruelty? Any case laws?

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8 Replies

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 27 January 2010

yes she is entitled to maintenace. i am not able to recall the judgement but i will found out soon.

Arvind Singh Chauhan (advocate) 27 January 2010

law no where bars, that maintenance can not be claimed if the divorce is decreed on such ground.

JIMMYKISHOR (lawyer) 27 January 2010

yes she is entitled to claim maintenance as long as she is not remarried and thehusband had sufficient capability to provide maintanence.

P.C.gupta (Manager) 02 February 2010

can wife will claim maintenance even if we give permanent alimony at the time of divorce.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 02 February 2010

If divorce is granted to the husband and wife has deserted the house then as per latest District court and some high court judgments, she is not entitle for maintenance, but still these judgements are not so famous therefore you can try to get maintenance u/s 125 Crpc or other provisions of law.

Good luck.

G. ARAVINTHAN (Legal Consultant / Solicitor) 03 February 2010

cannot claim maintenance

ad. creaminall (professional Advocate) 17 February 2010

i agree with kamal. If divorce is granted to the husband on the ground of desertion and cruelty a wife then not entitle to get maintenance.

Hardik Mehta (Family Counsellor) 17 February 2010

Narain,

She is entitled for the maintenance u/s 125 CrPC only. But since you have already taken the divorce on the grounds of desertion, you can get this claim dismissed u/s 125(4) CrPC. Also, she her qualifications and pervious working would matter in giving the maintenance. Contest on those grounds.