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Deekshit Kumar (private)     07 September 2021

Right to maintenance to wife

Hi All,

Request to please clarify that

"does an ex-parte judgement in favour of husband on grounds of desertion and cruelty by wife take away the right of maintenance to wife."

DK



Learning

 11 Replies

Shashi Dhara   07 September 2021

No ,it is Ur right u claim for maintenance ,file appeal to set aside against ex parte decree .
1 Like

RAKESH SHARMA   07 September 2021

not at all till she remaries
1 Like

Pradipta Nath (Advocate)     07 September 2021

The main point is that "I am correct till the Supreme Court is not telling me incorrect". Please appeal.
1 Like

Deekshit Kumar (private)     07 September 2021

Sir, the date of ex-parte divorce granted (by family court) for husband is 11-07-1996, based on false allegations of cruelty and desertion; is there a possibility to condone this; husband contacted wife, children & executed a deed of settlement in the year 2007 and is in contact(staying at other place) till date but without providing any maintenance; so, can this divorce judgment be set a side; if so to which court we have to approach district/sessions or high court; your suggestion would be highly appreciated sir

Kevin Moses Paul   07 September 2021

As per your concern these usually do not take away maintenance right to wife, however in case she is a graduate (or in a job) and able maintain herself, you can appeal for disposing the maintenance.

Recently, in a matter the SC has held that if a woman is educated enough or was/is working and able to maintain herself, then there is no need for husband to pay the alimony.
Have a look at the link given below for more input ‚ÄĒ
https://www.scconline.com/blog/post/2020/11/05/maintenance-of-wifehusband-doesnt-have-to-pay-maintenance-in-each-of-the-proceedings-under-different-maintenance-laws-explainer-on-supreme-court-guidelines/

Regards,
Kevin M. Paul
1 Like

Dr J C Vashista (Advocate)     08 September 2021

She is entitled for maintenance during her life time or till she gets re-married despite the fact a decree of divorce has been passed. Even an educated and working wife is entitled for maintenance.

Deekshit Kumar (private)     08 September 2021

Originally posted by : Dr J C Vashista
She is entitled for maintenance during her life time or till she gets re-married despite the fact a decree of divorce has been passed.
Even an educated and working wife is entitled for maintenance.

In the ex-parte divorce judgment, it was mentioned that wife ill treated and quarreled with husband as well as desertion as grounds.......can you please quote some case laws where wife got maintenance even in this context....thanks in advance.....

pankaj verma   09 September 2021

see the judgement Rajneesh vs neha.....she has to provide her assets and liabilities...then court will think
1 Like

Shashi Dhara   10 September 2021

File e.p to maintenance ordered .
1 Like

Deekshit Kumar (private)     12 September 2021

Sir, can you please elicit the steps/stages involved in EP filed for enforcing the maintenance decree and the possible defence taken by the opposite party if contested. many thanks in advance.
Originally posted by : Shashi Dhara
File e.p to maintenance ordered .

Shashi Dhara   12 September 2021

The main issue is you can claim maintenance only for last last three years ,he may object to pay 21years maintenance ,claim for 24years what defence he will take and also what the court orders,you also file petition to enhance maintenance to 5000rs now.

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