Volume 2 Issue 7

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Husband is entitled to maintain wife even if she lives in matrimonial home: Delhi Court

Date of News: 

20-01-2022

Date of Publication: 

10-02-2022

Unique ID:

202281524

Name of the Author: 

Anuradha Patel

Field of Law: 

Family Law

Content of News:

The Delhi Court has judged that the wife is authorized to acquire maintenance from her estranged spouse even if both live in the same house. The Delhi Court�s judgment was reached while permitting a woman�s plea for interim maintenance. The court also followed that an enlightened woman may not be permitted to take up a stable job in the Indian community as she has to minister to the needs of her matrimonial home. Additional Sessions Judge Monika Saroha termed it �unbelievable� that the husband is neither paying any maintenance nor taking care of her essentials. The woman had alleged torment by her husband and had filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act. The allegations were disowned by the husband. The trial court had denied interim maintenance to the woman while stating that she had Master�s and Bachelor�s degrees and was qualified of taking care of herself. The sessions court, however, did not consent with this opinion and said that the woman has three kids and had blamed her husband and in-laws for domestic violence. The woman had alleged that she was not authorised to work by her husband and parents-in-law after marriage. The court also followed that only because the husband was paying the expenditures related to the children�s education, food, etc, no opinion could be made that he must be holding his wife. It was put on the document that the trial court�s order had come when the woman was living in the matrimonial home with no responsibility towards rent or electricity and water bills.

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