498a

With regards to maintenance, under the law, the burden is placed in the first place upon the wife to show that the means of her husband are sufficient. Second, there is an inseparable condition which has to be satisfied, that the wife was unable to maintain herself. These two conditions are in addition to the requirement that the husband must have neglected or refused to maintain his wife. In order to claim the benefit of not paying maintenance, the husband (who has deserted or divorced his wife) must prove that the wife earned enough to lead a lifestyle similar to the one she led whilst living with her husband, the court said.

An application for maintenance under domestic violence has to be filed within a reasonable time to show that relationship would give her the cause of action to sue under the D.V. Act for the reliefs under the Act. It cannot be filed after 1 year. In a case where the woman was well-educated, the Court declined granting her maintenance under the DV Act. The Court stated that if the woman is a well-educated woman and had been earning a good salary from her last job, she cannot chose not to work, and be permitted to take advantage of her own deed.

There is a catena of judgments wherein it is stated that having a woman having the capacity to work and choosing not to work is no ground for grant of maintenance. The gist of all these judgments is that when the complainant is an able bodied person having capacity to earn and has actually been earning in the past is not entitled to receive any maintenance. Thus, if the wife is educated and had been earning in the past, she is not entitled to maintenance.

You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

-Regards

Advocate Pooja

www.lawkonect.com