Monday, November 7, 2011

No alimony for women walking out of marriage

No alimony for women walking out of marriage


Full text of the order @

 November 5, 2011 

WOMEN who choose to walk out on their marriages cannot claim alimony and must support themselves, a Delhi court has said.

Rejecting a plea for maintenance from a Malviya Nagarresident who had deserted her husband, the court said the woman must first prove that the man had actively denied support and caused separation.

“ A wife cannot walk out of the house at her own will and also claim maintenance from the husband,” additional sessions judge Rajeev Bansal said.

“ Living separately is not sufficient ground for a wife to claim maintenance from the husband. She must prove without fail that the husband had refused to maintain her, despite having sufficient means to do so.” The woman had filed an appeal against a magisterial court decision which had dismissed her plea for maintenance.

In her application to the sessions court, she alleged that her husband had acted cruelly, leading to their separation, three years after the marriage. Claiming that her estranged husband was making sufficient money as an electrician, she demanded an appropriate amount of alimony.

The court, after examining the evidence and testimony at hand, concluded that the woman had failed to prove the adverse circumstances that had led to the estrangement.

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