A Mumbai court refused a woman’s request to get ₹1 lakh per month as interim maintenance from her husband. The court said she is a qualified dentist and can easily find a job in Mumbai, so she cannot claim maintenance from her husband.
Additional Chief Metropolitan Magistrate SP Kekan said,
“The applicant is a doctor living in Mumbai. She can work as a dentist here and easily find a job. A qualified person like her is not entitled to get maintenance from her husband.”
However, the court did order the husband to pay ₹20,000 per month as maintenance for their two children.
The couple got married in 2015 in Ajmer, Rajasthan. They decided to separate in 2018 when the wife was pregnant with their second child. The husband said she left for her delivery and never returned to their home despite his efforts.
He also told the court that she wanted him to settle in Mumbai with her, but he disagreed. He then filed a petition in Ajmer Family Court asking for the return of conjugal rights.
The wife later filed a case under the Protection of Women from Domestic Violence Act. She accused her husband and his mother of verbal and physical violence. The husband denied these claims and said he fulfilled all his duties.
The court noticed that the wife did not try to live with her husband again and insisted on staying in Mumbai, not Ajmer, where their marital home was. She was living with her parents, which is her right under the law.
The court said,
“Her refusal to return to the matrimonial home and demand to live in Mumbai goes against her. Since she lives with her parents, she is not entitled to any residence order.”
It also mentioned that the husband comes from a well-off family and ordered him to pay reasonable maintenance for the children.
Case Name: Laxmi Chakrapani Bhati vs Chakrapani Lalit Bhati
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