Spouse who isn’t entitled to upkeep with out giving causes for separation from the husband

A strange case came before the Delhi Court of Justice. Here, both the husband and wife appealed the decision of the lower court. In fact, the lower court had set the wife’s alimony according to her husband’s income. Here the wife said that ten percent of her husband’s income is not given to her as alimony, while the husband said on what basis the wife asks for alimony while she has not done such work.

The Additional Sessions Tribunal, Judge A Agarwal, based in Saket, found, after hearing the entire case, that the husband’s plea was justified. The court stated that the woman did not provide an explicit reason for separation from her husband in her petition. Husband and wife live together under one roof. When the wife is separated from her husband, there is a reason for it. The wife can demand maintenance from her husband by giving the reason for the separation, but at first sight there is no clear reason for the separation of the wife. In such a situation, the husband does not fall within the scope of maintenance. The court stated that the woman was not entitled to maintenance without giving reasons for separating from her husband.

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At the same time, the wife said that the husband has an income of lakhs rupees a month, but the lower court settled the matter by fixing a maintenance allowance of several thousand rupees.

The court of appeal, after hearing both parties, ruled that the lower court would hear both parties again. The reason for the separation from the woman is also known. Apart from that, the woman’s request that she receive less maintenance allowance should also be heard. After that, the decision on this matter should be made. The court forwarded the file to the court in question again.


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