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Krishna Kumar (Business)     23 October 2015

Maintenance after 6 years of separation

Hi,

We separated for six years now. I filed the divorce after two years of separation, she filed CRPC 125 in six month of filing divorce. Case is going on and on. She is intentionally dragging the case, now the cross examination is started.

Can you please let me know, I can tell them as she six years of separation without any maintenance, why she can't live after. She is well educated - MCA. She is telling she is not having job. But she should be working.



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 2 Replies

Advocate Ashok   23 October 2015

six year after the separation is no ground to avoid maintenance to wife. even after divorce wife is entitled to maintenance untill and unless she remarries in that case burden shifts on to some other person who replaced you.

following are the circumstances where maintenance is not allowed and liability of husband doe not lie-

1. prove in the court that wife is well euiped to mainain herself or she has enough means to     maintain herself as onnly those wives are entitled to maintenance who are unable to maintain herself. or

2. she is leavingr  separately or avoiding the company of the husband despite his offer to maintain her on condition that she join him,   without any just and proper reason or

3. she is leaving in adultry.

In your case your wife is equiped with high profile degree and with this she can get decent job. you can press this point in the court. there array of judgements of higher courts on this point

 

1 Like

chandra mohan (power)     05 November 2015

1) 6yrs separation and living without maintanance is not a strong ground to blast her 125.

2) Find out her working, income details. Earlier working also.

3) Highly qualified lady so read Mamta jaiswal judgment.

4)Prove that she left matrimonial home without any cause.

5)Find out her parental income and property and use it to deny 125.


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