Observing that wife who is financially independent can not claim maintenance from her estranged spouse, the Bombay High Court has declined to grant relief to your 61-year-old woman searching for monthly maintenance.
A division regular of Justices Sixth V K Tahilramani and also P N Deshmukh had been hearing a petition filed by the woman challenging a good October 2012 order passed by a family court declining to direct your ex 65-year-old estranged husband to pay her the sum of the Rs 15000 every month.
The husband acquired opposed the petition saying she has already handed over full possession of one of his flats in suburban Andheri for you to his wife and as well given her custody of the children of fixed build up worth Rs 50 lakh he had opened for your ex.
The court noted that besides Rs 50 lakh, the husband acquired earlier also transferred Rs two lakh using interim maintenance for you to his wife which she's got deposited in the lending company as fixed down payment.
"In the present case, it is observed that the wife gets more than Rs thirty seven, 500 per thirty day period as interest. She has sufficient money in her bank-account. In addition, her son provides her money monthly. No one relies on her and she's got sufficient income to be with her survival, " the court said.
The bench discovered that while boasting maintenance the wife needs to prove that she don't even have any permanent revenue stream to maintain herself which she is unable to maintain herself financially.
"It is nicely settled law that your wife who does not have any sufficient permanent revenue stream, can only claim and have maintenance from her husband that is having sufficient implies. The burden lies on the wife to prove that the husband has declined and neglected to keep her though he or she is having sufficient implies, " the the courtroom said.
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