Wife's Maintenance Rights If Not Living with Husband Without Proper Reason?

The appellant's bare statement, that the respondent did not live in his house at any time, coupled with the denial that he is the father of the respondent's child, is in my view not sufficient to entitle the appellant to claim the benefit of section 4 of the Maintenance Ordinance. ... That section reads: "No wife shall be entitled to receive an allowance from her husband under section 2 if she is living in adultery, or if, without any sufficient reason, she refuses, t....

2024 0 Supreme(Kar) 502

It was held that the filing of a Police Complaint and the Police registering a criminal case against the husband would go to show that the parties are at logger heads and cannot live together as husband and wife. ... This they have not learnt. Therefore, notwithstanding the fact that they come from a cultured family, they are unable to lead a happy married life. They lack proper atmosphere or proper guidance in this aspect. ... Unfortunately, both the husban....

Section 5 of Ordinance No. 19 of 1889 disentitles the wife to receive an allowance from her husband if, without sufficient reason, she refuses to live with him; but there is not any similar enactment in the case of infant children of the marriage who are in the custody of the wife. ... The husband cannot compel the wife to live with him, and, considering the tender age of her two-children, I think the wife is prima facie entit....

Thereafter the parties drifted apart, the wife refusing to live with the husband until he had arranged the religious ceremony. ... According to this witness the civil ceremony (at the Civil Marriage Registry), in the eyes of Hinduism, does not constitute a valid marriage. Unless this couple, who profess to be Hindus go through the religious rites, they may not live together as husband and wife under the religious law. ... The trial judge held that th....

Thereafter the parties drifted apart, the wife refusing to live with the husband until he had arranged the religious ceremony. ... According to this witness the civil ceremony (at the Civil Marriage Registry), in the eyes of Hinduism, does not constitute a valid marriage. Unless this couple, who profess to be Hindus go through the religious rites, they may not live together as husband and wife under the religious law. ... The trial judge held that th....

Thereafter the parties drifted apart, the wife refusing to live with the husband until he had arranged the religious ceremony. ... According to this witness the civil ceremony (at the Civil Marriage Registry), in the eyes of Hinduism, does not constitute a valid marriage. Unless this couple, who profess to be Hindus go through the religious rites, they may not live together as husband and wife under the religious law. ... The trial judge held that th....

Thereafter the parties drifted apart, the wife refusing to live with the husband until he had arranged the religious ceremony. ... According to this witness the civil ceremony (at the Civil Marriage Registry), in the eyes of Hinduism, does not constitute a valid marriage. Unless this couple, who profess to be Hindus go through the religious rites, they may not live together as husband and wife under the religious law. ... The trial judge held that th....

1960 0 Supreme(All) 14

Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time. (2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claims to maintenance ... If a husband deserts his wife and marries again, then the first wife will be deprived of her right to maintenance if the othe....

1953 0 Supreme(Mad) 279

The cases from which the absolute proposition, that the mere fact that the husband marries a second wife would not entitle the wife to live away from her husband and have separate maintenance are Rajarao Boochee v. Venkata Neeladri1 and Virasami v. ... conjugal rights would also entitle her to live apart from her husband and claim separate maintenance. ... Before the Act came into force neither Hindu custom nor any....

Andhra Pradesh

The provision made in the proviso is that even if the husband offers to maintain his wife on condition of her living with him, that does not disentitle the wife to live separately and claim maintenance if there are any proper grounds for her refusal to live with the husband and by the subsequent addition ... sentence added to the proviso it is clear that if a husband has contracted a marriage with another wife or k....

2019 0 Supreme(Ker) 980

The case of desertion could not have been raised since even according to the petitioner/husband, she left the matrimonial home during the 5th month of the birth of the child that was during July, 2003 and he filed OP No.40/2004 immediately after their separation. Therefore, the only conclusion that could be arrived is that wife was not willing to live with her husband. There is no evidence to prove that they had made any demand for dowry and there is no evidence to prove that she was tortured in any manner as alleged.

2007 0 Supreme(Guj) 416

From May 2003 there was dispute between husband and wife arose and thereafter the husband has made several attempts to call the wife but the wife did not come back to the matrimonial home. According to husband, the wife had not given proper qualification at the time of marriage. She has also not disclosed some physical as well as mental illness at the time of marriage and that is how she has been examined by Dr. Mukul Choksi as stated earlier. 10. 2004 wherein allegations which have been set out earlier has been set out in the said application.

2006 0 Supreme(Raj) 269

The iactum of non-consummation of marriage was not specifically denied by the respondent in his written statement notwithstanding all other allegations were specifically denied. But specific plea was that the husband was not willing to discharge the marital obligation, primarily for the reason that he did not want to consumate the marriage unless demand for dowry is fulfilled. ( 23 ) WE have already noticed above that one of the grounds alleged against the husband was non-consummation of marriage by her husband since the date of marriage. It was not even the case of the wife that a....

1998 0 Supreme(Raj) 24

He also submitted that the wife was earning Rs. 70/- or 80/- per day as she was a washer woman while the petitioner was getting a salary of Rs. 1500/- being a khalasi in the railway, out of which he has to pay Rs. 350/- as house rent. But the wife was not willing to live with the husband. Even in the last para of the reply it was submitted that the husband was ready to keep the wife and children with him. Many a time he tried to bring them and even panchayat of his community was held for the purpose.

1995 0 Supreme(All) 67

No family member has been examined to establish the wifes conduct towards them and on the other hand a co-villager has been produced who could be no good witness for a personal matter like this. The wife has not been able to bear any child and that seems to be the reason why the husband is withdrawing from her company and get rid of her. Since the wife was sought to be compelled to live in the village uncared for and against her will she was bound to become some what peevish and quarrelsome but that could be no justification for the husband for not living with her and not maintaini....