• Whether a wife purposefully deserted her husband and gone for hig

Whether a wife purposefully without the permission of husband gone for higher education and later without informing him went to another country and took a job entitled for permanent alimony? Latest decisions of Supreme Court on the subject
Asked 6 months ago in Family Law from Wayanad, Kerala
Religion: Hindu
Only the earning wife is dis-entitled to maintenance. Mere moving to another country without apparent permission of court is no excuse to avoid maintenance.
The husband is not entitled to damages either only because the wife raises false accusations.
The husband can file suit for divorce if he is suffering physical or mental cruelty at the hands of the husband.
Devajyoti Barman
Advocate, Kolkata
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Whether a wife purposefully without the permission of husband gone for higher education and later without informing him went to another country and took a job entitled for permanent alimony? Latest decisions of Supreme Court on the subject

This amounts to willful desertion.  If the wife is abandoning the matrimonial house without any sufficient cause or valid reason then she is not eligible for seeking maintenance or alimony. 
The husband never made the illegal demand nor committed any kind of cruelty on her. She is without any
reasonable cause residing separately from him instead to maintain relationship as husband and wife. Under the circumstances, the wife is not entitled to receive any amount of maintenance from her husband.
“Under Sec.125 Cr.P.C a wife who is unable to maintain herself is entitled for maintenance. Under clause 4 of Sec.125 Cr.P.C., She is not entitled to receive such maintenance from her husband if, without any sufficient reason refuses to live with her husband.”
There are supreme court judgement too in this regard however for the present  ajudgment by Madras high court is referred here which is :

Madras High Court.      K.R. Sagayaraj vs Mrs.C. Rajammal 
DATED: 12.11.2010  held that No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent
T Kalaiselvan
Advocate, Vellore
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When the girl alleging cruelty and could not prove the same.whether the husband is entitled for damages

If the said false case maligned the reputation of the husband, he may file a defamation case seeking damages.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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On that ground of false allegation regarding cruelty,and she could not prove the allegation,husband is entitled for divorce on the ground of cruelty

The false allegation of cruelty and false cases against the husband constitute her cruel mentality and can be considered as an act cruelty by her which can be a substantial reason/ground for the husband to seek divorce from her.
T Kalaiselvan
Advocate, Vellore
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1) working wife is not entitled to alimony as she can maintain herself 

2) In your case wife is working and taken job in another country 

3)you have not mentioned what is your income and what is your wife income 

4) Madhya Pradesh High Court judgement which had held that a spouse, who has capacity of earning but chooses to remain idle, should not be permitted to saddle other spouse with his or her expenditure.

5) "The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing provisions of law suitable to their purpose,
Ajay Sethi
Advocate, Mumbai
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1) making false allegations against husband amounts to mental cruelty and is ground for divorce 
Ajay Sethi
Advocate, Mumbai
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Husband can file suit fur damages against wife if she has made false allegations against husband and unable to prove the sane 
Ajay Sethi
Advocate, Mumbai
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1. If she is earning on her own then she does not qualify in the first place to get maintenance but permanent alimony can still be given to her.

2. Mere failure to prove cruelty as alleged does not entitle the husband for damages unless he can prove that the allegations were inherently false.

3. Husband can apply for divorce on the ground of cruelty if wife could not prove her allegations.
Ashish Davessar
Advocate, Jaipur
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1. Employed wife who is capable of maintaining herself is not entitled to any amount from her husband toeards her maintenance,

2. Collect evidence of her being employed to escape the burden of paying maintenance to your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
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 Yes, in that case the Husband can file a criminal case u/s211 of IPC against bhis wife for lodging/filing false complaint/FIR against him.
Krishna Kishore Ganguly
Advocate, Kolkata
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 Lodging false complaint by wife  is also considered as cruelty for the purpose of filing an application for divorce by the husband.
Krishna Kishore Ganguly
Advocate, Kolkata
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