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pun (eng)     21 May 2012

No maintenance for wife

hello dear members,

is there any judgement where court has ordered no maintenance for wife, as it appears that wife has left her job to get the maintenance.



Learning

 9 Replies

Shantanu Wavhal (Worker)     21 May 2012

in such circumstances, amount would be reduced, but maint. would not be absolutely denied.

Anis (Asst. Manager - Sales)     21 May 2012

Pls visit www.advocateseema.in and download judgements for maintenance. There are judgements that you want over there.

snk (worker)     23 May 2012

please visit the link https://www.498a.org/forum/viewtopic.php?f=57&t=7430&hilit=incapacitate

the judgement says that no need to pay maintanance for previoulsy working wife...

 

pun (eng)     23 May 2012

can we use the judgment of lower court or district court of one state in other state courts. for example the judgement is of Delhi district court and the case where it can be used is in Gujarat.or only the high court and supreme court judgement can be used.

Shantanu Wavhal (Worker)     23 May 2012

the decisions of the HC of ur own State are binding on the lower courts in ur State.

Decision of the OTHER state HC have only pursuasive value wrt the lower courts in UR state.


(Guest)

If wife is well qualified and was earning earlier. Isn't it enough proof that she is capable of earning?

Section 125 1(a) says "his wife, unable to maintain herself,"

If she is capable why is she unable to maintain herself?


(Guest)

If wife is well qualified and was earning earlier. Isn't it enough proof that she is capable of earning?

Section 125 1(a) says "his wife, unable to maintain herself,"

If she is capable why is she unable to maintain herself?

manish (cdsdfasd sdf)     30 May 2012

get her sworn affidavit in court that she isnt working.  she will not stop working for a few thousand rupees as she will get more from working. so her plan usually is to get the free money from her husband and work outside to get additional money.

find out proof of her working and file persjury once you find her working. she is abla naari - so she can say that she isnt working and can get money from you.

Manoj Kumar Jain (abc)     14 June 2012

 

Section 125 1(a) says "his wife, unable to maintain herself,"

 

unemployed or Non working wife is not entitle to get maintanace from husband as per sec 125 crpc

 

because sec 125 clearly using the word "unable", not using "unemployed" or "non working" etc.... Now a days every women is desirous to work and earn money

 Every women either qualified or non qualifeid of india is able to maintain herself  by doing work/job. 

In village so many iilatrarate womens doing work in laboures, farming, manerga. In every field womens have working( from the women of villege to corporate). In bank , school, politics, corporate govt services, self business etc womens doing satisfatory. Illetrate Women also worked as kaamwali bai in home, they sell vegetable etc

So ask the qualified wife to proove your her self why she should "unable" to maintain herself as per rulling of 125.

In last why your qualified wife is unable to maintain herself even in our society i have seen one unqualified lady is capable to maitain herself and also her family by doing respectable work.


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