dr.nasim kumar
(Querist) 02 April 2010
This query is : Resolved
PLEASE CAN YOU GIVE ME THE SUPREME COURT RULING OR TELL ME ITS REFERENCE ON IT WHICH IS ABOUT CANCELLATION OF MAINTAINENCE OF WIFE IF THE RESTITUTION OF CONJUGAL RIGHT IS DECIDED IN HUSBANDS FAVOUR.PLEASE GIVE ME .
Srinath Kondapally
(Expert) 02 April 2010
When Sec.9 of H.M.Act decreed in favour of husband, then the respondent is bound to obey the same, if not, the respondent's position is crystal clear that without any excuse she intentionally avoiding the petitioner/huband in cohabiting with him. In such circumstances, the wife is not entitled to get maintainance, even though the provisions of law says that divorced woman also entitled for maintainance.On failure of proving the same, she can't get any kind of maintanance from her husband, besides other things.
Raj Kumar Makkad
(Expert) 02 April 2010
I do agree with Srinath.
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