Should husband give maintenance to wife?
grinspan
(Querist) 19 April 2008
This query is : Resolved
Husband files RCR and he is willing to live with his wife. But, wife is asking maintenance. Should husband give maintenance to wife?
grinspan
(Querist) 19 April 2008
Husband files RCR and he is willing to live with his wife. But, wife is asking maintenance. Should husband give maintenance to wife?
Manish Singh
(Expert) 19 April 2008
The wife can claim maintenance from but it is upon the descretion of the Court to decide whether maintenance should be granted or not and if yes, how much.
Guest
(Expert) 19 April 2008
Please remember that a wife may withdraw from the society of the husband on "reasonable" grounds.
In a situation like yours, the wife's claim for maintenance is legitimate....it is not irrational.
In respect of your last question as to whether husband should give maintenance to the wife; the court is the competent authority. The court will take into account the facts and circumstances of the case and then arrive at a "reasoned" decision. However, if you're aggreived by an order of the court, you can always challenge it!
I've heard that where the husband was hospitalised and jobless, having no known source of income; the judgement awarding maintenance to the wife passed by the trial court was deprecated on appeal.
SANJAY DIXIT
(Expert) 19 April 2008
Wife is entitled for maintenance if she has a reasonable cause for living seperately from her husband.
It is better that you contest the case of RCR on merits-demerits and if you succeed and the Court passes the decree of RCR in your favour; then you may safe from paying the maintenance.
Rajesh Kumar
(Expert) 11 June 2008
Wife can claim maintenance after satisfying two conditions- one that she is not able to maintain herself, and second that she has a reasonable cause to live separately.
Unfortunately, maintenance is awarded merely on the statement of women, without insisting on proof. This is resulting in abuse of such provisions.
