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Useful SC and HC Judgments to help you to deny maintenance to a Qualified wife 18/06/19, 7*18 PM

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Important Guidelines/Remark by of Hon'ble Supreme Court, High Courts etc. for


Maintenance Cases

Judgment Extract / Law


Sr. Case / Law Petition Result /
Description / Hon'ble
No. Description Description
Court's Guideline

Cr.PC Section 125:- Order


for maintenance of wives,

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children and parents.


Section 125 (1) (a) (1) If any person having
1 -
Cr.PC 1973 sufficient means neglects
or refuses to maintain-
(a) his wife, UNABLE
TO MAINTAIN herself,

Cr.PC Section 125:- Order


for maintenance of wives,
children and parents.
(4) No Wife shall be
entitled to receive an
allowance from her
husband under this
Section 125 (4)
2 - section if she is living in
Cr.PC 1973
adultery, or if, WITHOUT
ANY SUFFICIENT
REASON, SHE REFUSES
TO LIVE WITH HER
HUSBAND, or if they are
living separately by
mutual consent.

The Hon'ble High Court


helds that "Under Cr.PC
1973 Section 125(1)(a),
MAINTENANCE
Manmohan Singh ALLOWANCE CANNOT
v/s. Mahindra Kaur, BE GRANTED TO EVERY
Allahbad High Court, No maintenance to WIFE who is neglected by
3
Justice B.N.Katju wife. her husband or whose

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Equi. citation: 1976 husband refuses to


Cri LJ 1664 maintain her BUT CAN
ONLY BE GRANTED TO A
WIFE WHO IS INDEED
UNABLE TO MAINTAIN
HERSELF."

The Hon'ble High Court


helds that "Under Cr.PC
Section 125(1)(a) clearly
provides that maintenance
allowance cannot be
granted to every wife who
is neglected by her
Swastika Sen v/s. husband or whose
The state of Bengal husband refuses to
Calcutta High Court maintain her but can only
No maintenance to
4 Citation Author:- be granted to a wife who
wife.
M.K. Basu is indeed unable to
(2003) 2 CALLT 359 maintain herself. This is
HC,I (2004) DMC 66 the clear dictate of the law
and a departure therefore
cannot be permissible.
Otherwise, the
expression, "if she is
unable to maintain herself'
would lose all its
meanings.

"THE PROOF OF
BURDEN RESTS ON

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WHO ASSERTS OR
ALLEGES, NOT ON WHO
DENIES."
Burden of proof:-
Whoever desires any
Court to give judgment as
Section 101,
to any legal right or
5 Indian Evidence Act, -
liability dependent on the
1872
existence of facts which
he asserts, must prove
that those facts exist.
When a person is bound
to prove the existence of
any fact, it is said that the
burden of proof lies on
that person.

The burden of proof rests


on WIFE who is making
allegation on her husband
to prove husband's
cruelty/refusal to maintain
her. The onus lies solely
on the complainant (Wife)
to substantiate these
allegations by leading
cogent evidence in this
regard.
When wife is making
allegation or accusing on

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character of husband and


for prosecution , it is her
responsibility to prove her
allegation with congent
evidence.

"THE PROOF OF
BURDEN RESTS ON
WHO ASSERTS OR
ALLEGES, NOT ON WHO
DENIES." What to be
proved by prosecution, is
Bhagirath vs State Of well settled that the
Madhya Pradesh, prosecution can succeed
AIR 1976 SC 975 by substantially proving
6 [The same was the very story it alleges. It
reiterated in Narain must stand on its own
Singh v. State, (1997) legs. It cannot take
2 Crimes 464 (Del) ] advantage of the
weakness of the defense.
Nor can the court on its
own make out a new case
for the prosecution and
convict the accused on
that basis.

TAPE RECORDED
CONVERSIONS ARE

1971 AIR 1162 : VALID EVIDENCE.

[1971] 1 S.C.R 399, Tape recorded


7 - conversions can be used

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N. Sri Rama Reddy to contradict the evidence


v/s. V.V.Giri given before the court and
to test the veracity of the
witness.

The Hon'ble Supreme


Court helds that "A
AIR 1983 SC 1015 PARTY WHICH HAS
The Welcome Hotel MISLED THE COURT In
8 -
v/s. State of Andhra Passing An Order In Its
Pradesh Favor IS NOT ENTITLED
TO BE HEARD ON ITS
MERITS OF THE CASE."

The Hon'ble Supreme


Court helds that "the
petitioner approaching the
Writ Court must come
with clean hands and put
forward all the facts
before the Court without
(2008) 12 SCC 481
concealing or suppressing
K.D.Sharma v/s SAIL
anything and seek an
& Others, Hon'ble
appropriate relief. IF
Supreme Court
THERE IS NO CANDID
(The rule was also
9 - DISCLOSURE OF
reiterated in G.
RELEVANT AND
Jayshree vs.
MATERIAL FACTS or THE
Bhagwandas S. Patel
PETITIONER IS GUILTY
and others (2009) 3
OF MISLEADING THE
SCC 141.)

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COURT, HIS PETITION


MAY BE DISMISSED AT
THE THRESHOLD
WITHOUT CONSIDERING
THE MERITS OF THE
CLAIM.

The Hon'ble Supreme


Court helds that "The
effort of a party who
misleads the court, can be
treated as reprehensible.
Dalip Singh v/s. State They belong to the
of UP category of person who
Civil Appeal no. not only attempt but
5239/2002 succeed in polluting the
Appeal / Application
10 Justice:- course of Justice. They
is dismissed.
G.S.Sanghvi, Asok should be saddled with
Kumar Ganguly EXEMPLARY COST."
Hon'ble Supreme The Hon'ble Supreme
Court Court helds that "A party
which has misled the
court in passing an order
in its favour is not entitled
to be heard on its merits
of the case."

In Satyender Singh v.
Gulab Singh, 2012 (129)
DRJ 128, the Division
Bench of this Court

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following Dalip Singh v.


State of U.P. observed
that "The Courts are
flooded with litigation with
false and incoherent pleas
and tainted evidence led
by the parties due to
which the judicial system
in the country is choked
and such litigants are
consuming Court's time
for a wrong cause."

The Hon'ble Supreme


Court helds that "A WIFE
IS NOT ENTITLED to
Rohtash Singh v/s. MAINTENANCE WHO
Ramendri (Smt) on HAS DESERTED HER
dt. 2.3.2000, Justice HUSBAND."
11 -
S. Saghir Ahmed Equivalent Citation: AIR
2000 (2) R.C.R 2000 SC 952, 2000 (2)
(Criminal) 286 ALD Cri 15, 2000 CriLJ
1498
Bench:- S Ahmed, D.
Wadhwa

The LAW did not allow


maintenance in cases
where the wife deserted
Punjab - Haryana
her husband and left the
High Court
12 - matrimonial home.

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Justice V. S. No maintenance to wife if


Sirpurkar wife lies or deserts her
husband.

The Hon'ble Supreme


Court helds that "Any
PRESENTS/GIFTS made
at the time of a marriage
Ran Singh and Anr to either party to the
v/s. State of marriage in the form of
Haryana, Cri. Appeal cash, ornaments, clothes
no. 222/2008, or other articles, shall not
Bench:- Dr. Arjijt be deemed to be dowry
Pasayat & P. Gifrs/Presents given within the meaning of
Sathasivam at marriage time PWADV Act, 2005"
13
Hon'ble Supreme CAN'T DEEM AS The Hon'ble Supreme
Court DOWRY Court helds that "Other
(Also:- Satvir Singh v. payments which are
State of Punjab, customary payments e.g.
Bench: K.T.Thomas & given at the time of birth
S.N.Variava (2001 (8) of a child or other
SCC 633)) ceremonies as are
prevalent in different
societies are not covered
by the expression
"dowry".

FALSELY ACCUSING
HUSBAND IS CRUELTY

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The Hon'ble Supreme


Court helds that "She
(wife) had made an effort
to prosecute him in
criminal litigations which
(2012) 7 SCC 288 she had failed to prove. ...
Vishwanath Agrawal The cruel behaviour of the
v/s. Sau. Sarla wife has frozen the
Agrawal, emotions and snuffed out
14 -
Civil Appeal no. the bright candle of
4905/2012, feeling of the husband
Hon'ble Supreme because he has been
Court treated as an unperson.
Thus, analysed, it is
abundantly clear that with
this mental pain, agony
and suffering, the
husband cannot be asked
to put up with the conduct
of the wife and to
continue to live with her."

The Hon'ble Supreme


Court helds that "It has
been opined that a
conscious and deliberate
statement levelled with
pungency and that too
placed on record, through
the written statement,

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cannot be so lightly
ignored or brushed
aside."

The act of filing false


criminal prosecution is
sufficient to hold that the
(2013) 5 SCC 226 Husband was treated with
K.Srinivas Rao vs. cruelty by the wife. ... If a
15 D.A.Deepa - false criminal complaint is
Hon'ble Supreme preferred by either
Court spouse, it would invariably
and indisputably
constitute matrimonial
cruelty."

The Hon'ble Supreme


Court helds that "FALSE
AND DEFAMATORY
ALLEGATIONS MADE IN
THE PLEADINGS CAN
ALSO CAUSE MENTAL
CRUELTY"... "Making
unfounded indecent
defamatory allegations
against the spouse or his
or her relatives in the
pleadings, filing of
complaints or issuing
notices or news items
which may have adverse

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impact on the business


prospect or the job of the
spouse and filing repeated
false complaints and
cases in the court against
the spouse would, in the
facts of a case, amount to
causing mental cruelty to
the other spouse."

The Hon'ble High Court


helds that "The act of
filing false criminal
prosecution is sufficient to
hold that the respondent
Sunita v/s. Susil
was treated with cruelty
kumar
by the appellant."
FAO-M-414 of 2014 Application is
The Supreme Court in
(O&M) Rejected.
16 K.Srinivas Rao vs.
Punjab haryana High No maintenance to
D.A.Deepa, (2013) 5 SCC
Court wife.
226 held that "If a false
Justice:- Ajay Kumar
criminal complaint is
Mittal
preferred by either
spouse, it would invariably
and indisputably
constitute matrimonial
cruelty."

The Hon'ble court helds


that "Impugned order
suffers illegality in

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recording even a prima


facie findings that
PETITIONER/WIFE HAD

Fauzia Iftikhar v/s. FAILED TO FULFILL HER

Ameer Hamza MATRIMONIAL


Application is
CR no.19/12, OBLIGATIONS or that the
Rejected.
17 Karmardooma Court, RESPONDENT/HUSBAND
No maintenance to
DELHI HAD NOT WILFULLY
wife.
Justice Sh. J.R. NEGLECTED TO

Aryan MAINTAIN HER."


NO ALIMONY TO
WOMEN WHO HAVE
DESERTED HER
HUSBAND OR FAILED TO
PROVE THE
ALLEGATION.

FORCING HUSBAND TO
GET SEPARATED FROM
HIS PARENTS,
AMOUNTS TO CRUELTY.
The Hon'ble Supreme
Court helds that " It is not
a common practice or
Narendra v/s. K.
desirable culture for a
Meena
Hindu son in India to get
Civil Appeal no.
Application is separated from the
3253/2008
Rejected. No parents upon getting
18 Justice:- Anil R.
maintenance to married at the instance of
Dave
wife. the wife, especially when

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Hon'ble Supreme the son is the only earning


Court member in the family. ...
The persistent effort of the
respondent wife to
constrain the Appellant to
be separated from the
family would be torturous
for the husband."

The Hon'ble Supreme


Court also helds that "TO
SUFFER AN ALLEGATION
PERTAINING TO ONE’S
CHARACTER OF HAVING
AN EXTRA-MARITAL
AFFAIR IS QUITE
TORTUROUS FOR ANY
PERSON."

BALD ALLEGATION OF
INCOME OF HUSBAND
IS NOT TENABLE IN
MAINTENANCE LAW
The Hon'ble High Court
helds that "The
maintenance is to be fixed
Ritu Raj Kant v. Anita on the basis of actual
CM(M) No. Application is earnings of a person and
1790/2006 Rejected. No not on his being able
19
Delhi High Court maintenance to bodied person. ... The

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Justice Shiv Narayan wife. wife is equally able


Dhingra bodied. The wife has
failed to show, in this
case, any earning of the
husband. ... The order of
maintenance is not
tenable on the ground that
the husband was an able
bodied person."

The Hon'ble High Court


helds that "The petitioner-
wife has not been able to
prove on record that she
was ill-treated by the
respondent-Husband or
he was cruel towards her
in any manner. Failure of
Poonam v/s.
the petioner to prove
Mahendra K.
sufficient ground justifying
Cri. Misc. No. M-
her decision to stay away
20 24684/2008 -
from the respondent and
Punjab - Haryana
matrimonial home shows
High Court
that she had left the
Justice Mohinder Pal
society of the respondent
on her own accord."
A WIFE IS NOT
ENTITLED to
MAINTENANCE WHO
HAS DESERTED HER

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HUSBAND."

The Hon'ble Supreme


Court helds that "It has
been opined that a
AIR 2003 SC 2462 CONSCIOUS and
Vijaykumar DELIBERATE STATEMENT
Ramchandra Bhate LEVELLED WITH
21 v/s. Neela Vijaykumar - PUNGENCY and that too
Bhate, Civil Appeal PLACED ON RECORD,
no. 7200-7201 of THROUGH THE WRITTEN
2001 STATEMENT OF WIFE,
CAN'T BE so LIGHTLY
IGNORED or brushed
aside."

The Hon'ble Supreme


Court helds that "HEAVY
COSTS AND
PROSECUTION SHOULD
BE ORDERED IN CASES
OF FALSE CLAIMS AND
DEFENSES"
The Hon'ble Supreme
Court helds that "This
Court in a recent
(2012) 5 SCC 370
judgment in
Maria Margarida
Ramrameshwari Devi and
Sequeria Fernandes
Ors. (supra) aptly
v. Erasmo Jack de
observed at page 266,
Sequeria,
para 43 that unless

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22 Civil Appeal no. - wrongdoers are denied


2968/2012 profit from frivolous
Bench:- Dalveer litigation, it would be
Bhandari, H.L. Dattu, difficult to prevent it. In
Deepak Verma order to curb uncalled for
Hon'ble Supreme and frivolous litigation, the
Court Courts have to ensure that
there is no incentive or
motive for uncalled for
litigation. It is a matter of
common experience that
Court's otherwise scarce
time is consumed or more
appropriately, wasted in a
large number of uncalled
for cases.

In this very judgment, the


Court provided that this
problem can be solved or
at least be minimized if
exemplary cost is
imposed for instituting
frivolous litigation. The
Court observed at pages
267-268 that imposition of
actual, realistic or proper
costs and/or ordering
prosecution in appropriate
cases would go a long

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way in controlling the


tendency of introducing
false pleadings and forged
and fabricated documents
by the litigants. Imposition
of heavy costs would also
control unnecessary
adjournments by the
parties. In appropriate
cases, the Courts may
consider ordering
prosecution otherwise it
may not be possible to
maintain purity and
sanctity of judicial
proceedings."

The Hon'ble Gujarat High


Court helds that "WIFE
CAN BE PROSECUTED
FOR LYING BEFORE
COURT TO CLAIM
Sejalben Tejasbhai
MAINTENANCE."
Chovatiya v/s. State
The Gujarat High Court
of Gujarat
has upheld a trial court
GUJARAT HIGH
order which ordered
COURT Application is
prosecution of a lady for
Justice Ms. Sonia Rejected.
23 blatantly lying before the
Gokani No maintenance to
court to claim
Special Criminal wife.
maintenance from the
Application

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(Quashing) No. 7666 husband.


of 2016 The court observed that
(R/SCR.A/7666/2016) "It is found that the
litigants coming before
the court for maintenance
chose to speak blatant
lies and do so with
complete impudence."

The Hon'ble Gujarat High


Court helds that "Laws,
which are otherwise in
favour of the distressed
wife when are sought to
be misused by declaring
completely incorrect facts
and also by suppressing
the material aspect, the
trial court at the time of
considering the case
found that the impact on
the administration of
justice would make it
expedient for it to direct
the prosecution" .... "The
only aspect that needs to
be considered is as to
whether it is expedient the
interest of justice that
such prosecution would

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be necessary."

Imposition of Rs. 1 lakh


exemplary Cost on Wife
for False complaint and
harassment till eternity by
abusing the Judicial
System.
The Hon'ble High Court
helds that "The imposition
of cost is in furtherance of
the principle that
wrongdoers should not
get benefit out of frivolous
Sumana Bhasin v/s.
litigations. Needless to
Neeraj Bhasin
say, all interim orders
Saket District Court, Application is
stand cancelled. ... The
New Delhi (Mahila Rejected. No
24 onus of proof primarily lies
Court) maintenance to
on the person who makes
Justice Ms. Shivani wife.
the allegations and the
Chauhan
onus lies solely on the
Cc No. 316/3/2001
complainant to
substantiate these
allegations by leading
cogent evidence in this
regard"
The applicant has
miserably failed to
establish any allegations
against her husband. The

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allegations made by wife


are false.

In the case of '(2011) 8


SCC 249 Rameshwari
Devi & Ors Vs Nirmala
Devi & Ors., The Hon'ble
Supreme Court helds that
"UNSCRUPULOUS
LITIGANTS CAN HARASS
THE RESPONDENT TILL
ETERNITY BY ABUSING
THE JUDICIAL SYSTEM."

Without proof of allegation


of DV, Dowry,
Physica/Mental Cruelty,
Wife can't be entitled to
any maintenance.
The Hon'ble Gujarat High
Court Helds that "The
testimony of the
complainant throws light
on the conduct of the
complainant and the
extent, to which she has
falsified and concocted
various allegations and
has suppressed important
facts in order to harass
the husband and had

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misused the LAW as a


tool to extort unjustified
money from the Husband
for unjustified personal
gain. In such glaring
circumstances, the Court
cannot be expected to be
sit as a mute spectator,
where the Law is being
misused and abused and
made a tool of
harassment and
extortion."

The Hon'ble High Court


helds that "Well qualified
spouses desirous of
remaining idle, not
working making efforts for
the purpose of finding out
a source of livelihood,
have to be discouraged if
the society wants to
Smt. Mamta Jaiswal
progress.
v/s. Rajesh Jaiswal
A spouse is well qualified,
Madhya Pradesh Qualified wife can't
is not expected to remain
High Court sit idle and claim
idle to squeeze out/milk
Citation Author:- maintenance.
25 out the other by relieving
Justice J.G. Chitre Application is
from him of his/her own
MPLJ 100 2000 (3) Rejected. No
purse by a cut in the
Equivalent citation: II maintenance.

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(2000) DMC 170 nature of pendent lite


alimony. The law does not
expect the increasing
number of such idle
persons who by remaining
in the arena of legal
battles, try to squeeze out
the adversary by
implementing the
provision of law suitable
to their purpose.

A lady who is fighting


matrimonial petition filed
for divorce, cannot be
permitted to sit idle and to
put her burden on the
husband for demanding
pendent lite alimony from
him during pendency of
such matrimonial petition.
The LAW is not meant for
creating an army of such
idle persons who would
be sitting idle waiting for a
'dole' to be awarded by
her husband who has got
a grievance against her
and who has gone to the
Court for seeking a relief

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against her. That is also


not permissible.

The law does not help


indolents as well idles so
also does not want an
army of self made lazy
idles. Everyone has to
earn for the purpose of
maintenance of himself or
herself, at least, has to
make sincere efforts in
that direction. If this
criteria is not applied, if
this attitude is not
adopted, there would be a
tendency growing
amongst such litigants to
prolong such litigation and
to milk out the adversary
who happens to be a
spouse, once dear but far
away after an emerging of
litigation.

If such army is permitted


to remain in existence,
there would be no sincere
efforts of amicable
settlements because the
lazy spouse would be very

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happy to fight and


frustrate the efforts of
amicable settlement
because he would be
reaping the money in the
nature of pendent lite
alimony, and would prefer
to be happy in remaining
idle and not bothering
himself or herself for any
activity to support and
maintain himself or
herself. That cannot be
treated to be aim, goal of
MAINTENANCE LAW. It is
indirectly against
healthiness of the society.

It has enacted for needy


persons who in spite of
sincere efforts and
sufficient effort are unable
to support and Maintain
themselves and are
required to fight out the
litigation jeopardizing their
hard earned income by
toiling working hours.
Whether a spouse who
has capacity of earning

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but chooses to remain


idle, should be permitted
to saddle other spouse
with his or her expenditure
? Whether such spouse
should be permitted to get
pendent lite alimony at
higher rate from other
spouse in such condition
?

In the present case


Mamta Jaiswal is a well
qualified woman
possessing qualification
like M.Sc. M.C. M.Ed. ...
How such a lady can
remain without service ? It
really puts a bug question
which is to be answered
by Mamta Jaiswal with
sufficient congent and
believable evidence by
proving that in spite of
sufficient efforts made by
her, she was not able to
get service and, therefore,
she is unable to support
herself. The submission
made on behalf of Mamta,

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the wife, is not palatable


and digestible. This smells
of oblique intention of
putting extra financial
burden on the husband.
Such attempts are to be
discouraged.

The Hon'ble High Court


helds that "The wife
(Petitioner) is well
qualified, capable to
Damanreet Kaur v/s. maintain herself. She also
Qualified wife can't
Indermeet Juneja had been actually earning
sit idle and claim
Delhi High Court in the past and had
maintenance.
26 Justice Ms. Pratibha chosen to not to work on
Application is
Rani her own will though she
Rejected.
Crl. Rev. Pet. had capacity, well
No maintenance.
344/2011 education and experience
to work and thus was not
entitled to get any
maintenance from the
respondent (Husband).

The law is not meant for


creating an army of such
idle persons who would
be sitting idle waiting for a
‘dole’ to be awarded by
her husband. The law
does not help indolents as

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well idles so also does not


want an army of self made
lazy idles. Everyone has to
earn for the purpose of
maintenance of himself or
herself, at least, has to
make sincere efforts in
that direction.

(The learned ASJ Mrs.


Pooja Talwar (MM - Mahila
Court, CC no.352/3, New
Delhi) has rightlly declined
the interim momentary
relief to the petitioner by
holding that she was well
educated lady and
capable to work and find
a suitable job for herself.)
Relied upon Judgement
Mamta Jaiswal vs Rajesh
Jaiswal, MPLJ 100 2000
(3) MP HC.

WIFE IS WELL QUALIFIED


AND EMPLOYED, SO
SHE IS CAPABLE TO
MAINTAIN HERSELF.
The Hon'ble Court helds
that "If the claim of
maintenance is not based

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upon destitution due to


circumstances beyond
control of the claimant,
then such claim does not
lie. It cannot be said that
the appellant would have
been entitled for
maintenance under all
Smt. Aarti v/s. circumstances. ... Since
Shardendu Dharma, the veracity of her
No maintenance to
27 Crl. (A) 21/2014, allegations required to be
wife.
Karkarduma courts, tested with the evidence
Delhi and prima facie appellant
had not approached the
court with clean hands,
therefore, she was not
entitled for any interim
relief.
The Judgement relies
upon "Smt. Mamta
Jaiswal v/s. Rajesh
Jaiswal, Madhya Pradesh
High Court, Justice J.G.
Chitre, II (2000) DMC 170,
AND Damanreet Kaur v/s.
Indermeet Juneja, 2013 [1]
JCC 306, Delhi High
Court"

The Hon'ble High Court

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helds that "The wife is

Sanjay Bhardwaj & qualified and capable to

Ors. v/s. The state & work and had been

Anr earning, she shall not be


No maintenance to
28 Delhi High Court considered dependant on
wife.
Justice Shiv Narayan the husband for her

Dhingra survival. ... We are living in

Crl.M.C.No.491/2009 an era of equality of


sexes. The constitution
provides equal treatment
to be given irrespective of
sex, caste and creed."

The Hon'ble High Court


helds that "Fixing
maintenance without there
being any prima facie
proof of the husband
being employed are not
tenable under Domestic
Violence Act."

The Hon'ble High Court


helds that " It must be
remembered that there is
no legal presumption that
behind every failed
marriage there is either
dowry demand or
domestic violence.
Marriages do fail for

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various other reasons. The


difficulty is that real
causes of failure of
marriage are rarely
admitted in Courts. Truth
and honesty is becoming
a rare commodity, in
marriages and in
averments made before
the Courts."

The applicant failed to


establish any allegations
against her husband. The
allegations made by wife
are false, therefore she
can't be entitled to any
maintenance/relief.

WIFE IS EDUCATED AND


HAVING PAST
EXPERIENCE OF WORK.
The appellant will have to
take up some work
sooner, she being an
educated woman having
earlier work experience.
Smt. Swasti Kaushik The Hon'ble Court helds
v/s. Sh. Ashwini that "If the appellant
Application is
Sharma, CA No. chooses not to work for
Rejected. No
37/2014, the rest of her life, THE

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29 Karmardooma Court, maintenance to RESPONDENT (Husband)


Delhi, ASJ Anuradha wife. CAN NOT BE MADE TO
Shukla Bhardwaj PAY FOR HER FOR THE
REST OF HER LIFE
DESPITE THE FACT THAT
SHE (Wife) IS EDUCATED
WOMAN who can
maintain herself ... The
wife should look for a job
and start an
independent life."

It relies upon the


judgment Sanjay
Bhardwaj & Ors. Vs State,
171 (2010) DLT 644,
wherein the Hon'ble High
Court helds
that where the parties
have equal educational
qualification, both must
take care of themselves.

The applicant failed to


establish any allegations

Thane District Court against her husband,

ASJ A. P. No maintenance to therefore she can't be


30
Raghuvanshi wife. entitled to any
maintenance/relief. The

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allegations made by wife


are false.

The Hon'ble High Court


helds/advises that "She
(Wife) is well qualified and
can't be allowed to sit idle
at home to put financial
Application is burden on her estranged
Delhi High Court
Rejected. No husband.
31 District Judge Mrs.
maintenance to Wife is educated and
Rekha Rani
wife. having past experience of
work. The appellant will
have to take up some
work sooner, she being an
educated woman having
earlier work experience.

No proof of cruelty leads


to no maintenance. Wife is
not eligible to claim
maintenance in the
absence of proof
regarding Domestic
violence.
The Hon'ble High Court
helds that "There is no
scintilla of evidence to
Sanjay Sudhakar
show that really she had
Bhosale vs Khristina
No maintenance to lodged a complaint about
Bhosale, Cri. Rev.
the matrimonial cruelty

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32 226/02, Bombay wife. Nor her so-called positive


High Court, Justice statement finds support
V.R. Kingaonkar from her pleadings. ... It is
overlooked by the learned
Sessions Judge that
within a short span of the
marriage, the wife left his
company and no notice
was given within a
reasonable time by her,
seeking restitution of the
conjugal rights."

The allegations made by


Kumar Sankar wife are false. The
Chakraborthy v/s. applicant failed to
Juthika establish any allegations
Application is
Chakraborthy, against her husband,
Rejected. No
33 Calcutta High Court, therefore she can't be
maintenance to
J.:Surya Kumar entitled to any
wife.
Tiwari maintenance/relief.
Equi. citation: II Without proof, Wife can't
(1996) DMC 2 be entitled to any
maintenance.

Wife is not eligible to


claim maintenance under
PWDVA in the absence of
proof regarding Domestic

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Jeyanthi v/s. Revision petition is violence.

Jeyapaul Rejected/Dismissed. Justice S. Vimala said

34 Madras High Court, No maintenance to provisions of the

Madurai wife. Domestic Violence Act

Justice S. Vimala could be used as a


sword/shield to get
protection from domestic
violence but not used as a
sword for causing
violence to the other
partner in one's life.

No domestic violence has


been placed. Without
proof of DV, Wife can't be
Sonia v/s. Vinod entitled to any
Rohini Court, Delhi maintenance.
No maintenance to
35 MM Dr. Shahbuddin The MM has prime facia
wife.
Application no. of the consideration
1192/1 opinion that no domestic
violence has been taken
place pertaining to this
matter.

The wife has made a


vague and general
statement about her
income and she has not
Usha Baghel v/s. Dr. converted the allegations
B.B.Singh made in the reply that she
Application is
Justice V. S. Kokja was engaged in a

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36 Equi. citation: I Rejected. No business along with her


(1992) DMC 72 maintenance to brothers and has
Madhya Pradesh wife. borrowed a loan from a
High Court nationalized bank. So
there was no scope for
grant of any interim
maintenance to the
applicant (wife).

Wife was living separately


without any reasonable
Smt. Archana Gupta
reason.
v/s. Sri Rajeev
Application is Husband is ready to
Gupta, Cr. Rev. no.
Rejected. No accept her wife to his
37 201 of 2006,
maintenance to home. The allegations
Uttarakhand high
wife. made by wife are false.
Court, Justice Alok
The Principle judge family
Singh
court has also refused for
maintenance.

Wife was living separately


without any reasonable
reason. Husband is ready
to accept her wife to his
Kirtiben v/s.
No maintenance to home.
38 Manharlal
wife. The allegations made by
Family Court, Rajkot
wife are false. The
applicant failed to
establish any allegations
against her husband.

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The Hon'ble Supreme


Court helds that "Inability
to maintain herself is the
pre-condition for grant of
Sunita Kachwah v/s. maintenance to the wife.
Anil Kachwah, ... THE WIFE MUST
Criminal Appeal no. POSITIVELY AVER AND
39 -
2310 OF 2014 PROVE that she is unable
Hon'ble Supreme to maintain herself and
Court Her HUSBAND HAS
SUFFICIENT MEANS To
Maintain Her And That HE
HAS NEGLECTED TO
MAINTAIN HER."

The Hon'ble Court must


LOOK these
CONDITIONS BEFORE
GRANTING
MAINTENANCE:-
(1) Wife is indeed unable
to maintain herself.
(2) Wife has sufficient
cause to live separate
from husband.
(3) Husband has sufficient
means to maintain.
(4) Husband neglects or
refuses to maintain her
wife.

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(5) Wife has deserted her


husband or not.

The Hon'ble Supreme


Court helds that "The
presiding officer of a
Court should not simply
sit as a mere umpire at a
contest between two
parties and declare at the
end of the combat who
has won and who has lost
and that there is a legal
Mohanlal Shamji
duty of his own,
Soni vs Union Of
independent of the
India And Another,
parties, to take an active
Bench:- S. Ratnavel
role in the proceedings in
40 Pandian, K J Reddy
finding the truth and
Equivalent citations:
administering justice. It is
AIR 1991 SC 1346,
a well accepted and
1991 Supp (1) SCC
settled principle that a
271
Court must discharge its
statutory functions -
whether discretionary or
obligatory-according to
law in dispensing justice
because it is the duty of a
Court not only to do
justice but also to ensure
that justice is being done"

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Wife is employed &


capable to maintain
Vikas Jain v/s. Smt. herself., so she is not
Deepali Jain entitled to any
Uttrakhand High Application is maintenance.
Court, Rejected. The wife is not entitled to
41
Justice Mr. No maintenance to get any maintenance
Dharamveer wife. from the revisionist
Crl. Rev. no. 88 of (Husband) as she has
2002 CRLR 88 been employed, thus she
had got sufficient means
to maintain herself.

K.R.Arun v/s. Amritlal


Gautam
Writ Petition/Application is
Punjab - Haryana HC Petition of Husband
allowed to quash the
Justice Vinod K. is successful
42 impugned order under
Sharma No maintenance to
article 226 and 227 of
FA0 No. 164-M of wife.
constition of India.
2002

Wife and Husband both


are having income.
Working wife is capable to
Manish kumar v/s. maintain herself. The wife
Mrs. Pratibha No maintenance to being educated,
Delhi High Court wife. experienced has the
43 Justice Shiv Narayan Petition is capacity to work and earn
Dhingara successful. and maintain herself, So

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CM(M) 949/2008 she can't be considered


to rely upon her husband
and thus can't be entitled
to maintenance.

Surbhi Chanda v/s.


Revision petition is
Rajiv Chanda
rejected/dismissed.
Delhi District Court,
No maintenance to The wife is not entitled to
44 ASJ (West-02) Sh.
wife. get maintenance.
Raj Kappor
Maintenance is granted
Criminal Rev.
only to minor Child.
167/2011

Both husband and Wife


are qualified and earning,
So no maintenance to
Dr. E. Shanthi v/s. wife.
Dr. H.K. Vasudev The wife (Petitioner) is well
Karnataka High qualified, capable to
Writ Petition is
Court maintain herself and had
Rejected.
45 Citation Author:- capacity to work and that
No maintenance to
Justice K.Manjunath she also had been
wife.
Equivalent citations: actually earning in the
AIR 2005 Kant 417, past and earning in
ILR 2005 KAR 4981 present and was not thus
entitled to get any
maintenance from the
respondent (Husband).

Both husband and Wife

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Vikaskumar v/s. are qualified and earning.


Petition is
Harsh Lata Aggrawal The wife (Petitioner) is well
successful to quash
Delhi High Court qualified & experienced,
46 impugned order.
Justice Shiv Narayan capable to maintain
No maintenance to
Dhingara herself and earning, thus
wife.
CM(M) No.539/2008 she can't be entitled to
get any maintenance from
Husband.

Wife is not eligible to


claim maintenance u/s
125, Cr.PC as both
husband and wife live
separately by mutual
Marimuthu v/s.
consent.
Janaki
(The learned Judicial
Madras High Court, Petition of Husband
Magistrate, without
Madurai is successful
47 properly appreciating the
Justice P.R. No maintenance to
said document and
SHIVAKUMAR wife.
without applying the
Crl.R.C.No.1491 OF
principle of law found in
2005
Sub−Section 4 of Section
125 Cr.PC., has
erroneously held that the
respondent (wife) was
entitled to maintenance)

Prashant Soni
on 13 January 2017

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vaishali # 02 July 2018


want a judgement regarding this

vaishali # 02 July 2018


a judgement were the maintenance to child is rejected because at the time of judgement h
major but he is minor when the appeal was filed by the wife.

Ashwin # 10 April 2018


thank u

! Show more View All Com

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