Under Section 125 l a of the Code, maintenance allowance cannot be granted to every wife who is neglected by husband or whose husband refuses to maintain her, but can only be granted to a wife who is unable to maintain herself but not a wife who is maintaining herself with some difficulty. It is argued by learned counsel for petitioner that respondent is owner of i Khwaja Exports Pvt. Having paid value of rs. Section 125 provides a statutory right and cannot be affected by personal law. Tribune News Service Chandigarh, June 27 The Punjab and Haryana High Court has made it clear that an estranged wife capable of earning is also entitled to maintenance. In respect of the allegations made by the petitioner in her application filed before M. No submissions have been advanced by either side on the order restraining the appellant from visiting the place of residence and work of the respondent.
She is Divorce Lawyers in Delhi, Family Law Lawyers ,Lady Divorce Lawyers in Delhi Matrimonial Lawyers in Delhi, Family Law Attorney in New Delhi, Divorce Lawyers in South Delhi, Best Divorce Lawyer in Delhi, Family Law Firm in Delhi India. Thus, it is more convenient for a working mother to be in the job then to sit at home…. In June, 1983 the appellant married the respondent at which time he already had a lawfully wedded wife living. Section 11 of the Hindu Marriage Act declares any marriage solemnized after the commencement of the Act as null and void if it contravenes any one of the conditions specified in Clauses i , iv and v of Section 5. The petitioner contended that the respondent is a successful businessman and is doing business not only in India but also in Dubai and other countries, and that his total income per month is more than Rs.
If that is so, the son will be entitled to maintenance only till the age of reaching majority. This smells of oblique intention of putting extra financial burden on the husband. Bhartiben Prabhubhai Tailor reported in 2004 3 Mh. The wife who is well qualified and claiming maintenance by sitting idle is not entitled to get maintenance, secondly she herself has admitted that though her husband is connected with garment business but he has share worth rs. I am married for 2 and half years and have 5 months old boy baby. Secondly, if the scheme of the act is seen as a whole, it is obvious that it is not necessary that the child should be impleaded as a party.
. Shah Bano Begum, it is declared that a Muslim husband having sufficient means must provide maintenance to his divorced wife who is unable to maintain herself. The respondent has filed his reply below Exh. She never perform her Conj Rights. This Discussion Forum is only available to registered members of SecondShaadi. Under the circumstances, we set aside the order passed by the High Court and restore the order passed by the Family Court.
The above admissions given by both the parties come under the purview of Section 17 of Indian Evidence Act which suggests the existence and non existence of economic affairs of both the parties. Devaki, the High Court of Madras while construing the provision of Section 24 of the Hindu Marriage Act and relying on its earlier decision reported as Kumaresan Vs. Apart from this, Section 125 of Cr. While dealing with the case of Parveen Rao Vs. The court ruled that the wife, who is well qualified with sufficient experience in profession, is expected to be able to sustain herself and need not be granted interim maintenance under Section 24 of the Hindu Marriage Act. The petitioner separated from her husband, who is also a television actor, in 2010.
In such circumstances, in my view, at this juncture petitioner is not entitled to get maintenance. It is usurpation of fruits of labour of a man in the guise of gender biased welfare laws. Also there was unnecessary, unreasonable and improper delay in instituting the petition. This created mental tiredness and being harassed mentally. The legality of the marriage would be governed by the personal laws applicable to the parties.
The man alleged that the woman was not entitled to get maintenance as she is not his legally wedded wife. The relieving letter placed on record by the petitioner is dated 17. The husband went in appeal to the High Court and the wife preferred a cross-objection. As a result, I hold that the respondent being the second wife of the petitioner is not entitled to any maintenance allowance. It was then argued that extending the benefit of Section 25 to a second wife would defeat the object and purpose of Section 11 to ban and discourage bigamous marriages.
Family Court, Mumbai: Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S. Respected sirs, pls share the safeguard husband should take while wife always giving the suicide threats to husband and his family to fulfill her illogical demands. As referred to by the Family Court, in her evidence, the appellant-wife has clearly stated that the respondent and his mother were physically and mentally harassing her on the ground that she has brought insufficient dowry. It is argued by the learned counsel for respondent that before the police station Worli on 12. The appellant wife being well qualified and in profession for the past 13 years need not be granted interim maintenance.
I had also filed revision but the court stands family court order. Some notes are made by Vinayak. It may be express or implied. Nevertheless, the judgment is a step towards making maintenance laws, what it is. The petitioner alleged that she was forced to live separately as the respondent and his family members ill-treated and harassed her for bringing less dowry.