Claim of high status by spouse not sufficient for maintenance!

Amit Khanna vs Priyanka Khanna & Ors

Delhi HC

01/09/2010

Crl. M.C. No. 4066 of 2009 & Crl. M.A. No. 13807/2009

About/from the judgment:

Claim of high status by spouse not sufficient for maintenance!

 

It is evident from the order passed by the learned ASJ that he has not enumerated the vast movable and immovable properties owned by the husband. Mere allegations made by the wife that husband was a man of status and had vast movable and immovable properties would not give jurisdiction to the Court to pass an order of maintenance beyond the means of the husband. When allegations are made by the spouses about the vast movable and immovable properties of other, even for passing an interim order the allegations must be substantiated by some sort of documentary evidence. The properties existing in the name of sister-in-law, mother or father cannot be considered to be the properties of the spouses. If such properties are considered as properties of husband, then property existing in the name of father of the wife, mother of the wife or brother or sister of the wife could reflect her status and income and the courts can think that a wife has sufficient properties and she does not need maintenance.

Read the Judgment

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