Case Studies
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- Loot & Murder Case — Three Accused Acquitted
- Harassment & Defamation Case — Accused Acquitted
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Maintenance Granted in Favour of Wife
Maintenance Application Allowed After Court Found Husband Financially Capable of Supporting Wife
Maintenance Law | Family Court Matter | Maintenance of ₹5,500/- Per Month Granted
Case Overview
The applicant, Smt. Priyanka Dabhi, filed a maintenance application against her husband, Shri Mithil Dabhi, stating that after marriage she was subjected to neglect and was not provided adequate financial support.
Due to matrimonial disputes, the applicant was compelled to reside separately and had no independent source of income to maintain herself.
Arguments Advanced
During the proceedings, Advocate Sonal Sharma argued that the respondent-husband was financially capable of maintaining the applicant but had failed to discharge his legal and moral obligation.
It was further submitted that the applicant was unable to meet her daily expenses and was entitled to maintenance under the law.
Court Findings
After considering the pleadings, evidence, and submissions of both parties, the Hon’ble Court observed that the respondent had sufficient earning capacity.
The Court also found that the applicant was justified in living separately. The Court held that the husband is legally bound to maintain his wife.
Final Order
The maintenance application filed by Priyanka Dabhi was allowed.
The respondent, Mithil Dabhi, was directed to pay ₹5,500/- per month as maintenance to the applicant from the date specified in the order.
Result:
Application Allowed. Maintenance of ₹5,500/- per month granted in favour of the wife.
Key Legal Point
When a wife is justified in living separately and is unable to maintain herself, the Court may direct the husband to pay monthly maintenance if he has sufficient earning capacity.
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