Q: What would be the evidences on which the interim maintenance can be denied?

Ans: Evidences on which Interim Maintenance can be denied: 

1. Working Women - A working woman who can is able to maintain herself and has running income per month at the time of granting Interim Maintenance. Proof of Salary as Salary Certificate, Experience Certificate, Bank Statements showing regular income per month, Income Tax Returns etc.

2.  Any previous statement of wife in which she denies to live with her husband without any sufficient reason. (Statement given in other case)

 3. Any written agreement in which she had forbidden to live with her husband without any ample reason. 

4. Any unreasonable pre condition to live with her 

husband in the previous statement and the written agreement. 

5. Any decree by court other than divorce in which the desertion by wife is clarified. 

6. Any decree by court other than divorce which clarifies adultery of wife. 

7. Any decree by court under mutual consent for living separately.


Comments

Post a Comment

Popular posts from this blog

Q: Elaborate the citation of S. Rehana Sulthana @ Rehana Begum V/s B Mohammad Ghouse & Anr. on 28 March 2016 ?

Ans: In a decision of Andhra High Court in a case S. Rehana Sulthana @ Rehana Begum V/s B Mohammad Ghouse & Anr. on 28 March 2016, it was held that no maintenance relief to wife who left home without justifiable reasons. The High court found that in the cross examination the wife stated that she executed an agreement in the presence of witnesses with an undertaking that she will not compel the respondent for setting up separate family. If really the wife did not compel the husband persistently to set up separate family, what made her to do her signature on the  agreement? The Courts cannot ignore the human conduct while appreciating the rival submissions of the couple to the proproceedings, more particularly in family matters, wherein the possibility of presenting distorted facts by the couple to the proceedings so that they can gain sympathy of the court .If really the wife had suffered in the hands of the husband and his family members, certainly the wife might have avai...
Read more

Q: Explain the citation of Delhi District Court on Smt. Krishna Dhawan vs State ( Govt. Of Nct Of Delhi) on 22 November, 2010 ?

Ans: Delhi District Court on Smt. Krishna Dhawan vs State ( Govt. Of Nct Of Delhi) on 22 November, 2010 - In the present case, the applicant has failed to prove on record any justifiable ground for leaving the company of her husband respondent except that she stated that she has been ill illtreated for the last 20 to 23 years but in her cross examination she herself has admitted that there was no demand of dowry by the respondent at the time of marriage or after the marriage. Thus so far as the allegations of dowry demand are concerned, applicant has failed to prove the same. She has also failed to prove any other justifiable ground on record for her living separately from the respondent. In such circumstances, Ld. MM has rightly held that applicant is not entitled for any maintenance. Ld. MM has rightly held that applicant is unable to maintain herself and there is no document filed on record by the respondent also to show that applicant is working or is able to maintain hers...
Read more

Q: Discuss the case law of Chander Prakash Bodhraj v Shila Rani Chander Prakash, AIR 1968 Delhi 174 for maintenance of wife?

Ans: According to Chander Prakash Bodhraj v Shila Rani Chander Prakash, AIR 1968 Delhi 174, an able-bodied husband must be presumed to be capable of earning sufficient money to maintain his wife and children, and cannot contend that he is not in a position to earn sufficiently to maintain his family. The onus is on the husband to establish with necessary material that there are sufficient grounds to show that he is unable to maintain the family, and discharge his legal obligations for reasons beyond his control. If the husband does not disclose the exact amount of his income, an adverse inference may be drawn by the Court. Conclusion: So, if the husband has liabilities like loans and other legal obligations, he will not be entitled to provide maintenance to earning wife.  Under Section 125 of the Code of Criminal Procedure it was obligatory on the part of the Petitioner-wife to allege and prove that she was unable to maintain herself. According to Shri Rege the expression used in t...
Read more