Wife capable of earning: not reason to reduce maintenance

Originally posted by : Ramesh Singh
	Sir, do you expect to be a follower of justice in future. Plz act as an Advocate. Thakur, 9474284624

Thanks kid ... much obliged 

Now there is new twist in judgments on maitenance by SUPREME COURT  last week.

The appex court has said that if the wife had left the company of husband without any reason she is not entitled for any maintenance.

I have been giving suggestiions on this site that prove in the court that husband is not at fault for desertion and in the process he can avoid paying maintenance which is a life long cancer. BUT VERY FEW LISTEN. ON THE OTHER HAND THOSE WHO ARE PAYING MAINTENANCE AND NOW APPEAR REGULARLY ON SIMILAR SITES GIVE SUGGESTIONS THAT -

ARGUE THAT WIFE IS CAPABLE OF EARNING OR THE HUSBAND HAS LIABILITIES. BOTH ARGUMENTS ARE REJECTED WITHOUT EXCEPTION.

Now this OFFICIAL judgement has come and appeared in press two three days back still the official copy is not on the website.

Hard working expertS please search this current citation of SUPREME COURT and post for benefit of suffering husbands.

Originally posted by : LAXMINARAYAN - Sr Advocate.
	Now there is new twist in judgments on maitenance by SUPREME COURT  last week. The appex court has said that if the wife had left the company of husband without any reason she is not entitled for any maintenance.

Wellll... if you'd be so kind as to share the party names and the date of the decision or at least the news report please, I'll keep an eye out for it. So far as I understood, denial of maintenance to a wife deserting without a justifiable cause related only to pre-divorce maintenance, but hey, what do I know :)

Again the same problem,divorce will be long long and very  long storty. You have to avoid payment of maintenance here and now.

The news in national press of SC judgment has appeared on this SATURDAY.

My dear dear Member, if you are referring to 8-9 April, 2017 reporting, I'd so wish you read at least the news item, if not the Judgment before creating such a ruckus; I think that's the least you could do before bad mouthing people? Seems this is the news item you are so vociferously championing - The Times of India, 7 Apr. 2017: Woman deserting husband will still get alimony after divorce: Supreme Court :

[husband] argued, and the bench appeared to accept it for most part of the proceedings, that when a woman during subsistence of marriage was not entitled to alimony under Section 125(4) of CrPC if she had wilfully deserted her husband, how could she, after divorce being granted on ground of desertion, be entitled to alimony. "Grant of alimony in such a case would be in the teeth of Section 125(4)," she said.

...

the Supreme Court has held that even if a woman is disentitled to maintenance from her husband during the period of separation after deserting him, she will be entitled to it after divorce if she is unable to sustain herself.​

Like I said, it was not about maintenance pendete lite  but maintenance post-divorce, and in fact, it reiterated maintenance post-divorce, desertion notwithstanding, so I can't imagine what you are so excited about or agitated that those paying maintenance are not using your advice to avoid maintenance!

Here's the Suprme Court digitally signed copy of this final order dated 6 Apr. 2017  in Manoj Kumar vs. Champa Devi that is being referred to in the news report and Vanamala vs. Ranganatha 1995 SCC (5) 299 and Rohtash Singh vs.Ramendri, which were followed in Champa Devi, should you care to read them (unlikely!).

Very frouittful discusion. Everybody will be benifited from expert diussions. 

Again the same problem,divorce will be long long and very  long storty. You have to avoid payment of maintenance here and now.   The news in national press of SC judgment has appeared on this SATURDAY.