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Can wife ask for maintenance of she by her own will left the house


23-Aug-2023 (In Family Law)
I just want to know if wife left the matrimonial house and children at her own wish 2yrs back , his father also given statement in police that he is taking her daughter in fit and fine condition in future if anything happened he will be responsible. After eight months suddenly wife filed Maintenance case U/S 125 CRPC, 498A & 506. tell me what husband will do in such condition. How he can denied for paying maintenance in court. Husband has submitted his entire income and expenditure detials to judge. Months back I have filed suit for restitution of conjugal right u/s 9 but when she made a statement in women cell that she will committed suicide if anyone force her to live. Only after that on given date for section 9 I withdraw my case and told facts to judge in writing.
Answers (3)

Answer #1
577 votes
Hi,
There is a Supreme Court judgement to the effect that If wife abandons matrimonial home without justified reason, she is not entitled to any maintenance during divorce proceedings. However, once divorce is granted, she can claim maintenance.
Having said that, your facts are not clear, and you already have assistance of a lawyer. Please seek fresh consultation for detailed advice.

Answer #2
680 votes
You should contest the case of maintenance. The law of maintainance has changed over years and if your wife is working then you will not be required to pay maintainance. Further, you should file a case for anuulment of marriage.
Answer #3
524 votes
No, she is not entitled to maintenance as she has left her matrimonial home with her own will. There is no sign of any cruelty or harrassment by husband and their in laws. Ruling of M.P. H.C. on 2/12/2016 ANIL JAIN Vs. SUMITRA JAIN

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