MUMBAI: A family court has determined that a qualified lady cannot claim maintenance from her husband. “The Wife who is well qualified and claiming maintenance by sitting idle at home isn’t entitled to demand maintenance from her husband. The wife isn’t entitled to advantage of her own wrong, she cannot harass the husband on the count of maintenance although she is capable to earn,” the court aforementioned whereas dismissing a dietician’s plea to seek a monthly maintenance of Rs 2 lakh from her divorced husband.
In the petition filed in 2013, the lady alleged that throughout their wedding, the husband and his members of the family had cuffed her and annoyed her each physically and mentally for transportation less gift. She additional alleged that they demanded Rs 50 lakh as dowry, gold and a luxury car from her parents.
The woman claimed that thanks to this, she was forced to measure individually from Apr 2011 and had to maneuver in together with her folks. She additionally aforementioned that she had no supply of financial gain and is completely obsessed on her folks.
The woman aforementioned that the person could be a victorious businessperson {and the|and therefore the|and additionally the} family’s business was also operational in urban center. “They square measure running their business conjointly associate degreed earning an financial gain of over Rs 15 lakhs per month,” the lady claimed.
The man alleged that the lady wasn’t entitled to urge maintenance as she isn’t his wrongfully married mate. “The wedding between the petitioner (woman) and therefore the respondent was dissolved by approach of divorce on Sep seven, 2014. Secondly, the petitioner is qualified, having sensible expertise and sensible financial gain, therefore, she isn’t entitled for grant of maintenance,” the person aforementioned in his reply. He claimed that her financial gain wasn’t but Rs 50,000 per month.
The court refuted the man’s 1st argument and aforementioned that a Muslim lady WHO has obtained divorce is entitled to urge maintenance until her wedding. “In such circumstances, the story brought by respondent that divorce befell between them doesn’t have an effect on the correct of petitioner to say maintenance,” the court aforementioned.
The court, however, identified that the lady admitted that she has completed degree and post-graduation in food and science nutrition, worked in prime notch firms however is presently not operating. “The on top of statement created by the petitioner clearly shows that she is qualified and able to do job,” the court aforementioned.
My wife is an MA degree.She wilfully deserts me and my minor(2.5yrsnow)child.But she claims maintenance under sec 125.She doesn’t prove sufficient reason and cause.
Now my question is—–1)Can she claim any maintenance? 2)Is she not eligible for punisment to leave her minor daughter?3)She also maintain herself for giving tuitions?
she left you and your child, educated and earning then no need to pay;
you can counter her claim for more visit http://advice.mynation.net
or http://mynation.net/docs/ for judgments.
if a woman is 12+ done teacher training and the boy is only 10th std. she left the house against the court order, she came back saying she wants husband after 5 years, and again created problems and torture to the husband family. and send family message that husband family has killed and put her, keeping the mobile off, and then next day her parents coming and questing the husband mother widow. she has told the mother in law that she wants to go she has other men who are waiting for her, and goes from the house, husband had told her, to stay till he comes back home from abroad, soon after he looses his job because of her calls over calls and was not able to handle his job properly. poor boy is working as security for 12hours with a little salary. please advise, if the boy has to pay any money to the wife in the case of divorce, she always fight she wants to work. when she was at husband place and and she was saying that she was working from 5 years since she left the house. so please do advise, the boy has mentally disturbed.
the boy has no children, the girl is giving the number of her boy friends to the husband over the phone and explain how well they look. please advise, she comes back after 20 days to the mother in law and says the husband doesn’t call her, the mother in law says he has lost his job and he has lost his mind, then she says to the mother in law that let him give me in writing he doesn’t need me, from there she goes to the police station and complaints that the mother in law is to taking her back home, the mother in law informs the police that mother in law already has put a complaint that when she left the house and she has to come to the court next month, she has told me here that let the husband write and give her , now she talks to you something else, then the police said ok and closed the phone.- please advise the next action
Now as a sister or Mother of man, you can file complaint against her here
http://ncw.nic.in/onlinecomplaintsv2/frmHome.aspx
if you need farther guidence/advice please post it here http://advice.mynation.net
My Son committed suicide due to ill behavior of my daughter in law.(Although there is no written proof of this but suicide note from my son tells that “Please do not let her stay in the house.”). She had left the house (on name of mother-in-law) 5 days before the suicide. She is now 34 without any child. She is now claiming maintenance from me(Father -in-law). She is staying in her father’s home since then(almost 2 years). The room in which they were living earlier was on rent to my son by his mother paying a rent of 5800.She is graduate but never done any job. My son was a center govt. employee. She is also filed a case for succession for pension and other benefits. So i wanted to ask Why i am supposed to pay maintenance. I am also a retired person having pension. So please advice as to on what clauses i need to pay maintenance. There is no share in house of my son. This house is my self acquired property on the name of my wife( her mother in law).