kuttykrishna (PM) 06 August 2011

Rulings on maintenance

Dear Friends,

Appreciate all your inputs on the following:-

1. I am the petitioner and my wife is the respondent. We have a male kid aged 5years. I have filed RCR with IA for child custody. However, the child is with mother. She doesn't have any source of income as she is unemployed.

Q: If i file a petition under Guardians and wardens act to get the permanent custody of the child, will it be successful?

2. She has filed maintenance.She is a post graduate without physical/mental deformities. She is living with her parents who is well-off.

Q: Do i need to pay maintenance to her considering RCR which is pending? I am not inclined to pay her as she is leading a comfortable life with her parents, however, i am inclined to pay for my kid. Please support me with latest rulings which will help me defend my stance of not paying her maintenance.

Regards

Reply Follow

2 Replies

gaury..fight to win (Education) 06 August 2011

Do you think your wife a disposable thing that she will give u child and then you will throw her out??

If she is unemployed u have give her maintenance.If you dont want to give her maintenance and allowing her to live on parents income then i can guess why and how u both got separated and why.

VENKS (S) 07 August 2011

I am not a lawyer, but I heard that there is a Supreme Court ruling that no maintenance for a person of "able body and able mind" and moreover she is highly qualified.

In case the wife is saying that she is not getting the job. There is one Delhi H.C. ruling of Justice Dinghra's where the Husband asked wife's Resume through the Court so that he will help her wife find the job. (This can be used if the wife is purposely avoiding to work just to harass the husband)