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NO MAINTENANCE FOR EARNING WIFE

IN THE HIGH COURT OF DELHI AT NEW DELHI

22.02.2007

Present: Mr. Subhash Wason, Adv. for the petitioner.

CM(M) No.276/2007

1. Impugned order dated 29.1.2007 has dismissed the application filed by the wife under Section 24 of the Hindu Marriage Act.
  2. Reason for denial of any interim maintenance to the wife is that her gross monthly salary is Rs.15,304/-. As against the statutory rules where under general provident fund, deduction has to be 10% of the basic salary, the wife is voluntary contributing Rs.6,500/- per month under the General Provident Fund Scheme.
  3. Learned Judge has opined that the wife has enough means to sustain herself at the level of living to which she was accustomed to in her matrimonial house.
  4. It is urged before me that the income of the husband is nearly 3 times than that of the wife.
  5. Law does not require to average out the income of the spouses and share the two in equal proportion. Law requires that the wife should be paid adequate interim maintenance. The test of adequacy is to give such money to the wife which would enable her to maintain a standard of living to which she was accustomed to in the matrimonial house.
  6. I note that no issues are born to the parties.
  7. I find no merit in the petition.
  8. Dismissed.

February 22, 2007 PRADEEP NANDRAJOG, J.

READ  On the fulfillment of certain conditions, the waiver of the Waiting period for the Second motion under the Hindu Marriage Act will be at the discretion of the Court.

9 thoughts on “NO MAINTENANCE FOR EARNING WIFE

  1. Sir
    I want judgements on “No maintainence for working or proffesional women” . because my wife is B.A.M.S doctor and practicing in her house with the name of ronit health clinic. i have a photo graph of that clinic and income tax return for the year 2005,2006. But i want some judgements who’s give some benefit in my case in sec-24 and dv act , so please send some usefull judgments 0n my mail address, i will thank full to you.
    my tele phone no is 09811069815 and my name is gurtinder singh

    // check this link http://mynation.net/docs/sitemap/
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  2. sir
    there is no refrence in air about mamta jaiswal v/s rajesh jaiswal ( hma-24)by hc of mp and also no refrence in air about manish kumar v/s pratibha by s.n.dhingra. i think these judgements are fake judgements

  3. when a woman is working?why beg for maintenance? why ?///////////////////

    // another name for beggers is INDIAN WIVES —eDitor

  4. is marriage an institution for earning money by our beloved wives?is it marriage or mirage?

  5. Why a physically able and qualified wife who was employed in past before and after marriage and capable to earn should be given the maintenace? We have the law which do not force even paretns to maintain their child after attaining the age of maturity irrespective of the child’s sex how a husband can be asked to maintain his wife when she is professionally qualified, physically able and capable to earn?

  6. Hi ! YOU ARE ABSOLUTELY & 100% CORRECT WITHOUT ANY DOUBT FOR AMENDMENTS OR QUESTIONS BUT PITY NO LAW IN INDIA. WRONG TO BE BORN IN INDIA.

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