Deserted by Wife, yet liable to Pay her Maintenance

Whether the husband is liable to pay Maintenance after divorce on the ground of desertion by Wife?
Case name: Alka Khandu Avhad Vs Amar Syamprasad Mishra & Anr.
Citation: Criminal Appeal No. 258 of 2021

#IFD #divorce #family_law
Husband denied paying maintenance to his wife upon divorce on the grounds that the wife deserted her and that she would be able to maintain herself as she was graduated from a reputed architect college.
Decision: The apex court held that even though a wife has been divorced by the husband, on the ground that the wife has deserted him, is entitled to claim maintenance u/s 125 of the Act.
Conclusion: When wife was not in a position to maintain herself the grounds of desertion by wife cannot bar husband from paying maintenance to the wife.

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