Court may reject Maintanance Petition of Wife

When a woman gets married, she is usually dependent on her husband for financial support. However, there are some circumstances in which the husband does not have to pay expenses to the wife. If the wife is working and is capable of supporting herself, the court may reject the maintenance petition of the wife. Also, if the couple has been living separately for a long time, the court may decide that the husband is not responsible for the maintenance of his wife.

1. Adultery (If the husband can prove with evidence in the court that the wife has committed adultery, the liability on the husband can be avoided from paying the expenses to the wife.

2. Second Marriage: (If the wife has remarried, the husband is not obligated to pay her expenses.)

𝟯. Sum Already Paid – (If the husband and wife are ready to discuss a settlement, and according to it the husband has paid a sum to the wife together and made it a contract, the husband will not be liable from the maintenance complaints that come later.)

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𝟰. 𝗩Voluntary Surrender: (If the wife has in any case informed the husband in writing saying that she does not want to pay the maintenance cost, then the husband has no obligation to pay her maintenance.

𝟱. No Reason to Leave Husband – (If the wife leaves her husband, and there are no sufficient reasons for leaving, and the husband can establish it in the court – the husband is not liable to provide maintenance to the wife.
Now let’s examine the next five situations, these situations have come into existence on the basis of various court judgments. This is entirely within the discretion of the court.

𝟲. If Wife Wants to Separate Residence – (The wife refuses to stay in her husband’s own house, but the wife is willing to live in another house (may be a rented house), and in such a case, the husband will have to pay the expenses of both the houses. If the husband can convince the court of this reason, the husband will not be liable to pay the expenses to the wife.

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𝟳. Working Women with Good Income – If the wife has a job with regular income or if she has a government job, the husband is not liable to pay maintenance to the wife.

𝟴. Capable of Working : (When the wife who was employed, has all the abilities to work, but does not work, and then applies to the court for maintenance, the husband can be exempted from the maintenance obligation if he can satisfy the court. But this will be at the discretion of the court. The wife’s health, educational qualification – or when If the wife has an educational qualification that can get any job, such as: Doctor, Engineer, etc., a favorable judgment can be obtained from the court.

𝟵. She had not come to the court with clean hand: If the wife submits a petition that has misled the court and the husband can prove it, the husband is not liable to pay the expenses to the wife.
If the court is able to establish the high economic status of the wife and her household, and the low economic status of the husband and his household, the husband will be protected from paying expenses to the wife.

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10.Mutual Consent – (If the husband and wife enter into marriage with mutual consent, the husband will not have the obligation to pay the expenses to the wife, and this mutual consent will be valid only if it is made on the basis of a contract.
It will be the husband’s responsibility to prove any of these 10 things in court.


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