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ranjana s wa (Advocate)     27 February 2018

Maintance to wife

 the women who leave the husband and kids and live with other person can get maintainanace ? 

 



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     27 February 2018

No if she's living in adulterous relationship with another man.

TGK REDDI   27 February 2018

A woman who deserts her husband is not entitled to Maintenance whether or not she lives in adultery.

1 Like

Adv Radhika Mehta (Advocate)     27 February 2018

She is not entitled to permanent alimony but until the claim of her being in an adulterous relationship is established, she can get Interim relief. 

TGK REDDI   27 February 2018

The Reply of Adv. Kamakshi is quite exact.

Kumar Doab (FIN)     27 February 2018

No if deserted and in adulterous relationship and court is satisfied....

TGK REDDI   28 February 2018

I cant but say that the Reply of Shri Kumar Doab ( a great Member ) is neither incorrect nor precise.

The wife is not entitled to Maintenance because she doesn't come under Sec 125 ( 1 ) ( d ) ( b ) of The Criminal Procedure Code.

She comes under Sec 125 ( 4 ) of the above Code.

Sec 125 ( 5 ) of the above Code is not attracted.

She comes under Sec 18 ( 2 )( a ) of The Hindu Adoptions And Maintenance Act, 1956.

There's no much importance for adultery in the Questioner's case.


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