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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Mumbai court: Maintenance, not the prerogative of women, caveats exist.

Mumbai court: Maintenance, not the prerogative of women, caveats exist.

In a stride towards equality, a Mumbai court on Friday rejected the plea from a woman seeking interim maintenance of Rs 1 Lakh per month from her husband. The plea was rejected in observation of the fact that the woman (applicant), a dentist by profession, was deemed by the court, qualified to support herself with a job and, was found in no way dependent on her husband for sustenance. The judiciary reflected that the applicant is not bereft of opportunities to find a job in a metropolitan city (Mumbai).
The couple were married in 2015 and, cohabited in Ajmer, Rajasthan until 2018, when the woman pregnant with their second child, moved to her paternal home for the delivery. As per the petition filed for the restitution of conjugal rights in the Ajmer court by the husband, this occurred despite the efforts and requests of the husband that the woman return to her matrimonial home. The petition by the husband further claimed that the woman wanted him to settle in Mumbai with her, a request he could not fulfill.
The woman then claimed domestic abuse by her husband and sought maintenance of Rs 100000 and an allowance for rent of Rs 40000 per month. The court denied her claims in light of the fact that the woman made no attempts to reconcile with her husband and in believing that being a dentist, the woman was capable of finding a job and supporting herself.
The court has however directed that monetary support from the husband be extended to the children and a sum of Rs 30,000 should be provided for each of the children on a monthly basis.
[Laxmi Chakrapani Bhati vs Chakrapani Lalit Bhati & Anr.]