Maintenance

Querist : Anonymous (Querist) 19 August 2010 This query is : Resolved
Is Interim Maintenance a mandatory provision of the statute?? Are there any judgements where the Hon'ble Courts have turned down the maintenance plea of the wife because the wife is an educated professional and cpable of maintaining herself and should not attempt to live like a parasite off the husband.
I am looking forward to some useful citations in this regard as my friend needs to contest maintenance claim by his wife, who has maliciously filed a DVA application and also Divorce petition not to mention other proceedings under 406 & 498-A have also been initiated

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Devajyoti Barman (Expert) 19 August 2010
Section 125 of crpc itself provides for the maintenance only for those who are unable to maintain themselves. But the DV Act is silent on it.

Guest (Expert) 20 August 2010
1. Maint. is societal provision and not a mandatory way out and several factors are seen expeditiously to get a ward of maint. by applicant.

2. From hon'ble SC to each State HC's there are several refusals on maint. citation availability.

3. The best source would be your hired ld. advocate and or self help searches from legal websites such as say www.indiankanoon.org OR www.commonlii.org to name a few for starter.

adv. rajeev ( rajoo ) (Expert) 20 August 2010
If she has got sufficient income and if she is able to maintain herself then she will not be entittled for the maintenance. If she is qualified but she is not ready to utilize it then husband is bound to pay the maintenance

s.subramanian (Expert) 20 August 2010
Yes. I agree with Mr.Rajoo.

Querist : Anonymous (Querist) 21 August 2010
Thanks everybody for taking time out to read and reply. I am also an advocate [new kid on the block you can say]
But I do not agree at all with Adv Rajoo & Expert Subramanian for the simple fact that I believe it was never intended to encourage the woman to live off the husband like a parasite especially when she has chosen to move away from the society of her husband.
Thanks once again and if any new thought is available I'd appreciate your guidance

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