Q: Discuss the citation of Sanjay Bhardwaj Vs State & Anr ?

Ans: Wife living separate from husband not entitled for maintenance order on 27-08-2010 in case Sanjay Bhardwaj Vs State & Anr. The Delhi high court opined that we are living in an era of equality of sexes. The Constitution asked to give every individual equal treatment irrespective of sex, caste and creed. The husband holding a degree of MBA cannot be taken different from the wife who is also holding a degree of MBA. Since both are on equally educated than one cannot be asked to pay maintenance to the other unless one is is in service and other is not. As far as dependency on parents is concerned, the court held that once a person is grown up and educated , he cannot be asked to beg and borrow from the parents and maintain wife. The parents had done their duty by educating their children and now they cannot be asked to maintain husband and wife as both are grown up and must take care of themselves. The high court also opined that it must be remembered that there is no legal assumption that behind every failed marriage there is either dowry demand or domestic violence or ill-treatment. Marriages can fail for various other causes. The concern is that real causes of failure of marriage are rarely admitted in public. Truth and honesty are becoming a rare in social space, in marriages and in averments made before the Courts.

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