Maintenance: Court denies maintenance claim for wife with same income | News from Jaipur

JAIPUR: Jaipur Family Court No. 4 has rejected a woman's plea for maintenance in a divorce case on the ground that her income is equal to that of her husband. Chief Justice Pawan Kumar took the decision on August 30 on the ground that the wife is not entitled to maintenance so that she can lead a luxurious life.
According to the case details, the wife, who lives in Jaipur, filed a divorce petition alleging that her husband, a doctor, had filed for divorce without any valid basis.
She demanded maintenance and legal expenses, stating that her husband's monthly income was around Rs 2.50 lakh, which included his salary of Rs 1.25 lakh, Rs 40,000 from his private practice, Rs 15,000 from rent and another Rs 70,000 to Rs 80,000 from other sources. The wife demanded Rs 75,000 per month as maintenance, Rs 50,000 as legal fees and legal expenses and Rs 3,000 for attending each hearing.
Countering the application, the husband stated that his wife was a manager in SBI and as per her affidavit, she was drawing a salary of Rs 109,258 and another Rs 14,500 per month as allowances. After examining the facts, Chairman Garg said that no maintenance should be paid to enable her to live a luxurious lifestyle.
Lawyer DS Shekhawat, an expert in family disputes, said that under Section 24 of the Hindu Marriage Act, a wife can claim monthly maintenance from her husband while a petition for divorce, annulment of marriage or restoration of married life is pending. However, this is assuming that the wife has no source of income.

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