Interim maintenance

No Maintenance can be rejected if she is earning and is earning sufficent to maintain a healthy lifestyle that she would have maintained if living with the husband.

Its the husbands responsilbility to maintain post marriage so parents status cannot be a factor to reject by the court of the maintenance plea.

wealthy family is not a ground to reject the mainteance.  If she has got any independent income then maintenance can be rejected.

Wealthy family is not ground for rejecting divorce...if she has enough salary or assets it may be rejected.

How court can reject claim of wife for maintence or any other relief ?  If lady is earning it is just because of her own education and efforts of her parents .  Also if she is  wealthy family  that is her own right, .  How court of Govt or advocate can reject her right as wife?  if she is working or earning   till the end of the case there is the duty of Husband to maintain his wife.  Nobody can deny for the same.

@Aparna,

If the wife in earning enough to maintain her,maintenance is not given to wife by the court.

I am not advocate .  My own case is going on in court.  My husband is earning appro.75000pm.  court had given me only rs.5000 as maintenece, however i had submiited sufficient evidances. Now   Most of the advocates told me and from other court cases,  i came to know that courts are not giving proper maintenece to the wife.  I believes that till the end of the court case in  supreme court no one can say that who is the true Husnand or wife.  So, as legally wedded wife after the marraige wife is going to Husband's hose,  taking care of him and his family,  she has to leave her maternal home, etc which is generally in our society not done by men. That is the reason  that Hindu customs and laws giving right to women to get maintence from husband.  So if she is earning sufficient or from Wealthy family, that is her own effort and luck and that   should not become reason for reject  her maintenance Application by court.

In India,  our social culture is not like western culture. Responsibilities of married women in India  are not same  like western women. In western countreis women are  not taking any social resposibilieties, while in india working and nonworking both women have same social responsibilities.

@aparna.. 

"In western countreis women are  not taking any social resposibilieties, while in india working and nonworking both women have same social responsibilities."

can you explain what are the social responsibilties of Indian working and non working women?

Wealthy background is not the issue..the question is whether the wife is earning enough on her own to maintain herself..nothing to do with her parents wealth..

Of course, while stating facts while arguing, the judge can be influenced a little by stating that the women is from a wealthy family...but has very very little weight....

If she is earning enough..there are "chances" that ther maintenance plea will be rejected...but generally the court will order some maintenance...there are various judgements of SC and high courts where the maintenance plea  has been rejected...

One of the judgements of the delhi high court is as below:

Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010 at the High Court of Delhi at New Delhi. The Honourable High Court of Delhi is of the opinion that…..

“A perusal of Domestic Violence Act shows that Domestic Violence Act does not create any additional right in favour of wife regarding maintenance. It only enables the Magistrate to pass a maintenance order as per the rights available under existing laws………………No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage”. 

Vikram