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k.Satyanarayana (Asst.Manager -Legal)     24 October 2013

Maintenance / alimony

Wife deserted her husband for more than 2 years. Husband decided to file a DV case on the desertion ground.   

Whether wife is having right / eligible to claim maintenance / alimony, when she is on her own return to her parents house, even husband written letter to her and father for returning, when court has also allowed for Dv on the ground of desertion.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     24 October 2013

If the husband is willing to take her back but the wife refuses to return to her matrimonial house without any valid reason and insists on living away from him then it can be construed that she voluntarily disassociated herself from the company of the husband and living separately without sufficient reason, in such case she may not become eligible to claim any amount towards her maintenance.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 October 2013

Mr.Kalaiselvan suggession is give correct advise.

Laxmi Kant Joshi (Advocate )     24 October 2013

1.husband can't file DV case against her wife , this act is only meant for woman . 2. Your query is not clear what you want to know ?

k.Satyanarayana (Asst.Manager -Legal)     01 November 2013

Thank you Kalaiselvan Sir, will you pl mention any rulings/decided cases on this issue.

gd dy (gd dy)     04 November 2013

human tendency to held responsible for own behaviour to others. for tht they give any excuses under the sun.


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