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Author Topic: maintenance criteria?  (Read 1665 times)

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Offline am

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maintenance criteria?
« on: January 08, 2016, 01:44:33 AM »
Is there any such condition in Indian law that if the wife leaves the husband and goes away then she cannot claim maintenance? What are the other criteria?

Offline advuma

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Re: maintenance criteria?
« Reply #1 on: January 08, 2016, 08:08:50 AM »
There is a supreme court judgment that if wife deserts the husband's holy matrimony she is not entitled to maintaince
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline am

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Re: maintenance criteria?
« Reply #2 on: January 10, 2016, 01:18:55 AM »
There is a supreme court judgment that if wife deserts the husband's holy matrimony she is not entitled to maintaince
Can you please refer to the link of that supreme court judgement?
 So what if she went away because of some problem caused my in-laws ? Does she has to prove that?

Offline adv.amarnath

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Re: maintenance criteria?
« Reply #3 on: January 10, 2016, 01:28:15 PM »
You are a very silly girl. Why you will disclose that you have deserted your husband. It is better to put allegation on him that he did cruelty on you. File a 498A case as well as a Maintenance Case under Section 125. Let him prove that you had deserted him. Change the scenario.
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Amarnath Sanyal
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Mob - 09830303322

Offline am

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Re: maintenance criteria?
« Reply #4 on: January 12, 2016, 07:06:17 AM »
You are a very silly girl. Why you will disclose that you have deserted your husband. It is better to put allegation on him that he did cruelty on you. File a 498A case as well as a Maintenance Case under Section 125. Let him prove that you had deserted him. Change the scenario.
Thank you.
What you said sir is actually true but opposite party is trying to put it other way, so asked. Sir thank you much much for making us positive
« Last Edit: January 12, 2016, 07:08:20 AM by am »

Offline adv.amarnath

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Re: maintenance criteria?
« Reply #5 on: February 08, 2016, 09:51:41 AM »
Always try to think beyond the law in respect of Matrimonial Dispute. It is a personal law and law cannot bind each and every dispute. Law is just a guideline and we have to play within that circle but plan will be ours.
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Amarnath Sanyal
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Offline nihita mathur

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Re: maintenance criteria?
« Reply #6 on: February 09, 2016, 02:55:30 AM »
if she can earn her living properly then only you can avoid the money part . but if she can not then you have to give her the money.

Offline adv.amarnath

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Re: maintenance criteria?
« Reply #7 on: February 09, 2016, 12:07:49 PM »
Now Apex court has given lenient view in respect of maintenance. Even if wife has separate income then also she can claim maintenance from her husband if her husband income and living standard is higher than her.
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Amarnath Sanyal
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Offline am

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Re: maintenance criteria?
« Reply #8 on: February 17, 2016, 12:24:09 PM »
Thankyou.
But if the woman earns more, in that case how much amount of maintenance she can get?
Now Apex court has given lenient view in respect of maintenance. Even if wife has separate income then also she can claim maintenance from her husband if her husband income and living standard is higher than her.

Offline saravanan.s

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Re: maintenance criteria?
« Reply #9 on: February 18, 2016, 08:55:10 PM »
if she earns more than her husband and if she doesnt have any children then she might be denied maintenance by the court

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Re: maintenance criteria?
« Reply #10 on: March 09, 2016, 04:22:29 AM »
if she earns more than her husband and if she doesnt have any children then she might be denied maintenance by the court
thankyou  sir

Offline baily

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Re: maintenance criteria?
« Reply #11 on: March 31, 2016, 05:58:10 AM »
There is a supreme court judgment that if wife deserts the husband's holy matrimony she is not entitled to maintaince

Offline adv.amarnath

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Re: maintenance criteria?
« Reply #12 on: April 02, 2016, 09:25:32 AM »
Yes, it is written in Section 125 but proving it is not a matter of joke.
Regards,

Amarnath Sanyal
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Offline advjaibansal

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Re: maintenance criteria?
« Reply #13 on: April 28, 2016, 05:17:55 AM »
Dear

You can always stay separate from the husband and claim maintenance from the husband. It may not amount to desertion because there must be some or other reason for you to stay away from your husband.

Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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