RAJASTHAN HIGH COURT: WORKING AS A WIFE DOESN’T MEAN SHE IS NOT ENTITLED TO MAINTENANCE.



Gangavath Ekitha | Edited By Prabhat Bandhulya

The Court discoursed that the charge of desertion cannot become a ground so as to enable the husband to disqualify the wife from asking for the amount of maintenance. Considering the cost of living at Hyderabad and also the fact that both of them were maintaining a very good lifestyle in the back there in USA. Furthermore, the Court determined that the husband earns approximately Rs.12,00,000/- per month and the she earns approximately Rs.85,000/- per month, and that a very rational capacity of the husband to pay maintenance should be 1/12th of his income, that will protect the husband's claim for high cost of living in the United States. The wife's lawyer contended that subsistence doesn't really imply and cannot be permitted to imply mere preservation, and that the way of life in Hyderabad, where the wife and her son are currently residing, is indeed very expensive, and also that the son is also attending a great and reputable school in Hyderabad, the cost of which is also prohibitively expensive. He also mentioned that even if the wife is earning something, then also she is entitled to claim the necessary and adequate maintenance from her husband.



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