Cr.p.c 125 about maintenance from husband
sangramthorat
(Querist) 05 February 2013
This query is : Resolved
I am advocate on behalf of husband. In cross examination of applicant she has admitted that after getting first & second notice of her husband. She did not come to cohabit with her husband. is she is entitled for claiming maintenance ?
Raj Kumar Makkad
(Expert) 10 February 2013
This is not a valid ground to deny her maintenance.
V R SHROFF
(Expert) 10 February 2013
If it is proved that she reside separately without any reasonable ground, she will not get mtn.
If you prove you sent notice with intention to call her back, and not for avoiding mtn+ if u prove, she is earning,, She will not be entitled to mtn.
Only serving notice will not help.
Majority of cases, Mtn is allowed.
so h shd be prepared to give mtn to wife.
