Supreme Law News

Can dentist wife, even if jobless claims maintenance ?

A woman’s request for interim maintenance of one lakh rupees per month from her husband was denied by a Mumbai court on the grounds that she was qualified enough to easily find work in a city like Mumbai.

The Court, on the other hand, granted her request for maintenance for her two children and ordered her husband to pay 20,000 per month.

The applicant and her husband married in Rajasthan’s Ajmer in 2015 and lived together until their divorce in 2018 while she was pregnant with their second child.

The applicant, a dentist, cannot claim interim maintenance, according to Additional Chief Metropolitan Magistrate SP Kekan.

According to the husband, despite his efforts, the applicant left for her second delivery and did not return to her matrimonial home. He stated that she wanted him to settle down in Mumbai with her, which he found unacceptable. As a result, he petitioned the Family Court in Ajmer for restitution of conjugal rights.

She then filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act (DV Act). During the pendency of the proceeding, she requested interim relief in the form of a protection order, as well as maintenance (including rent money) for herself and her children.

Both respondents denied all of the allegations levelled against them, instead blaming the wife for being careless. The applicant’s husband claimed that he fulfilled all of his matrimonial obligations and that his mother was never violent toward her. As a result, he requested that both the main and ancillary proceedings be dismissed.

Dr. Ajay Kummar Pandey

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )

Advocate & Consultant, Supreme Court of India & High Courts

4C Supreme Law International, Delhi, NCR. Mumbai & Dubai

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