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Denied Maintenance to Wife living Separately : Madhya Pradesh HC

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Monday, Justice Rajendra Kumar Shrivastava in the matter of Smt Teja Bai, denied granting monthly maintenance to wife who left the matrimonial house without the sufficient reason.

The wife approached the high court challenging the order by Ld. Judge Family Court, seeking rupees 25,000 from the husband as monthly maintenance.

The bench oberseved that, the wife herself accepted that, her husband was ill and unable to work. Due to he was not earning, she left the husband along with the minor child to her parental residence.

“applicant No.1 is wife of respondent. Petitioner-applicant No.1 admitted in her cross-examination that respondent does not do any work due to illness, so she left his house and she is living in her paternal home with her child.”

The bench also said that, wife left the matrimonial house without any sufficient reason.

“She is not ready to live with respondent. So, it is evident that petitioner No.1 is living separately from her husband-respondent, without any sufficient reason.”

The bench however denied maintenance to Wife but ordered husband to pay rupee 1,500 every month for the minor child.

“Considering the status of both parties, it is directed that respondent will pay Rs. 1,500/- per month to petitioner-applicant No.2 from the date of impugned order and claim sought for by the petitioner-applicant No.1 is hereby dismissed.”

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