Legal Question in Family Law in India
eri sadi july 2012 me delhi tes hajari cort me hui .tab se meri wife mere sath ek din bhi na aai .sadee ke bad bo apane ma papa ke sath apane gar chali gai or ek bhi din na aai jab maine use lane ki kosos ki to muje gar jam,ai banane pe jor diya tab mere or meree wife ke sat koi fisical relensip nahi rahi 1 sal pura hone ke bad usane mere par ipc 125 ka kesh kiya hai or manthaly 10000 ki mag ki or me use apane sath rakhana chahata hon kya fir bhi muje use maintence dena padega sir muse rasta bataye ki jab ek din bhi sadi ke bad vo rahi nahi kya fir bhi muje maitence dena hi padega
India | 110021 | Family Medical Leave Act
3 Answers from Attorneys
Dear Client,
Aapko section 9 Hindu Marriage act ka case file karna chahiye aur apni patni ko apne pass rehne ke liye court ka aadesh karwa lena chahiye. Aapko maintenance apni aay ke aadhar par hi deni hogi.
Baaki aapko adhik jaankari ke liye contact kare 08750228171.
Thanks
Aap ke upar case ho gaya hai to aap ko aapna bachho karna hoga court me uske liye aak vakil ko rakhiye ya mujh se sampark kijiye vakil ke liye. jada sujho ke liye ke aap ko kaya kana chhahiye apne bacho me ke liye sampark kijiye:
Shailesh Kumar
High Court Advocate.
E-mail Id: [email protected]
Mobile No.: 8002842879
The Supreme Court has in a decision has said that a woman who deserted her husband and matrimonial home and refused to return despite repeated requests was not entitled to maintenance. It was held that the law of the land does not allow maintenance in cases where the wife has deserted the company of her husband and her matrimonial home.
In order to claim maintenance, in spite of living separately from the husband, the wife has to prove that she was being ill-treated by the husband or plausibly justify her reason to be staying away from the company of her husband. If she fails to do so, she is not entitled to maintenance from her husband.
You may also refer to the case of Bheeka Ram v. Goma Devi, wherein maintenance under section 125 CrPc was refused to the wife, and it was held that when it is found that the wife declines to live with husband without any just cause and there is no evidence of ill-treatment by the husband, wife is not entitled to maintenance. You may contend on the same basis on the Court of law.
You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at [email protected]
-Regards
Advocate Pooja
www.lawkonect.com