Section 24

factum of separation is irrelevant for IM.

Court holds position that husband is bread winner for the family and hence subsitance should be provided.

If your case is running since 1996 (as per other forum acitivity) and she has been able to live independently, than you should highlight that fact.

Also any other corrlation such as her education, her job, you taking care of children will weigh in.

All in all, you should get judgement in your favour.

Some great soul has listed few cases in favour of maintainace denied.

https://vinayak.wordpress.com/30-cases-of-maintenance-denied-or-lowered/

Court looks for precedent. Chose case which suits you and pray the court for releif.

Maintenance pendente lite is a statutory right and hence does not depend on which party is the root cause of the dispute, However she will not be declared to be entitled to maintenance in case you can establish her to be already earning well or to be competent enough to do so.

Augustine Chatterjee

Advocate & Solicitor at Law

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