Ravi Chaturvedi (AM Logistics) 05 March 2016

Maintenance to a qualified wife

Hi,

I have read a few enactements of High Courts that a well qualified wife is not entitled for maintenance. However i am not able to find a clarity on what should be deemed as well qualified. Can B.Com be considered as well qualification or just a qualification for accepting a maintenance case. Does law defines it anywhere, if yes, please share such clause or is it totally on the personal judgement of the family court to accept or reject B.Com as well qualification.

In my case, my wife is a B.com and has worked before marriage. She has deserted me for nearly one and a half year now and the matter is in the family court. One session of counselling has happened and the court has summoned up my payslip to calculate the maintenance. However, even after deserting me my wife has worked and before coming for the counselling she has left her job to put the maintenance claim.

To my utter surprise, from the day of counselling the court seems totally biased in the favor of other party and didn't entertain my request that my spouse is a B.Com and has worked / capable to work. Honorable judge didn't even asked my spouse to produce her last payslip.

Under the current scenario i don't see any unbiased decree will come. Please suggest can i challange that despite being deserted if i have to pay the maintenance, it will be an injustice and the court should take in to congnizance that my spouse is qualified and phyiscally fit to work.

Thanks

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6 Replies

Ravi Chaturvedi (AM Logistics) 05 March 2016

Hi,

I appreciate your time and advice given in the context.

However, for summoning up her employer, i am not sure he will come on my call unless the court would direct him.

Moreover, i have seen the attached ruling of Honorable SC which states that if a woman deserts her husband and matrimonial home and refuse to retrurn back despite reminders, isn't eligible for maintenance. Can i put this ruling in the family court and can challange the maintenance. As my spouse has been staying aloof from nearly one and a half year and i have sent a letter to her to return back and also have the text proofs of gmail / facebook on which i called her back multiple times but she never came back.

Thanks

Born Fighter (xxx) 05 March 2016

Your case is weak if you do not have her CV with educational qualifications/ work experience details and income figures.

Get them yourself or request the court to seek these documents from your wife.

Unless you have some basic documents in your hand the court will not listen as Bcom is a Basic graduation degree, there are many women with these degrees who are housewife's.

You have to show to court that she WAS WORKING AND EARNING AND CAN WORK EVEN NOW.

PUT ALL YOUR ARGUMENT POINTS ON PAPER TO COURT.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 05 March 2016

The dispute of whether or not an earning/ capable of earning wife is entitled to maintenance or not depends on he facts of each and every case individually . As such there are also plethora of judgements which state that a working wife is also entitled to maintenance even if she is earning in thousands . Therefore it totally depends on other aspects such as the number of children, the city where the wife stays , the standard of living that she would have had at her matrimonial home , etc etc

Victimof498a (Learner) 09 March 2016

Dear members

Please suggest

What will be the maintenance(Cr pc 125) for a wife who has studied B.com,LLB and practicing since 2004. No children. She herself has deserted the husband and not coming even after giving an affidavit to come and live with the husband.Living seperately since 2007. Husband won the 498a false case twice.