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Gendernewtral (NIL)     07 December 2012

No permanant alimony

1. My wife filed a false 498a case and it was quashed.

2.She filed parellelly for divorce under sec.13  but it was dismissed on default as she has not attended.

3. i filed divorce case under sec.13.1(1a) and it is in final stage.She is expecting a permanant alimony now.She has not asked for any other maintenance. No children.She is qualified and may be working elsewhere.

4. Can any one provide me any court ruling/judgment saying that no permanant alimony for qualified wife and who filed a false 498a case.



Learning

 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2012

Dear Mr. rao

you can contact personally or over the phone.

feel free to Call

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 December 2012

A well qualified/working (or even having capacity to earn) wife is not entitled to maintenance. You can find the judgments here www.bharatchugh.wordpress.com/2012/07/24/how-to-fight-a-maintenance-case-section-24-hma-filed-by-your-wife/


As regards false 498a - there is no specific judgments as such to my knowlege, but then again you dont need one as it would be unconsionable and affront to reason. Even point 1 shall suffice.

 

Good Luck !

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

ANAMIKA VICHARE (LAWYER)     08 December 2012

There are less chances of your wife getting maintenance....

but how you got 498A quashed...can you enlighten

there are case laws...no maintenacne for hightly qualified...

further on merits if you get decre,,,she is not likely to get maintenance...in 90% cases

For further advice being confidential and cannot be made public for  somebody might take disadvantage of the same…

Pl email me

anamika_vichare@rediffmail.com

Family Court Lawyer, Mumbai

Purush Hakka Saurakshan Samittee

 

 

 

 

 

Msk-need -nuetral- laws (self)     18 December 2012

Rao,

I remember a ruling from SC taht false 498a is ground for divorce and no maintenance.

see response here;

https://in.answers.yahoo.com/question/index?qid=20110528222300AAjZ2s9


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