What is in the name ( ) 27 September 2012

Conditions under which wife/spouse cannot seek maintenance

Learned from people that in current state of laws if wife/spouse is earning/has been earning or is capable of earning based on education, exposure and experience, then she is not entitled for any maintenance or the court may not grant any order for that.

Could some expert please validate and advise the true/correct picture as to under what conditions the wife/spouse will not be entitled for maintenance? Considering the modern world where both spouses are considered equal earners. females still try to abuse the laws for their vested interests. However, if the current laws do put a control to such abuse, it will be helpful to know.

Thanks in advance for the guidance and advice.,

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Tajobsindia (Senior Partner ) 27 September 2012

1. You have already answered your own query there is nothing more to add to it.
2. In Indian common law followed system there are no set single formula as legislative intent made as binding Rules for Court of Records. Each State HC's will have their own opinion to two sides on the asked query as well as SC has also given two opinions in all their rulings on maintenance to spouse. Here, it boils down to unique facts of a case r/w persuasive pleadings specifics of a case.
3. In West they have set formulas to exactly decide on maintenance for spouse and very clear formula on child maintenance payments and clear defined State Role on social welfare payment to non-working spouse and custodial parent and also note in West they use SPOUSE being gender neutral word in their legal dictionary unlike here in our Bare Acts we use wife and husband as interchangeable words to interpret asked query matter etc. etc.

Suggested to ask to the point query related to your specifics issues if both of you facing some Court cases instead of turning down memory lane a philosopher husband or end up doing LLB on queries matter. Said so bze a ordinary litigant needs to only know if justice is done on his case or not at the end of adjudicating judicial wisdom on his case PERIOD.