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Sunita Kachwaha v. Anil Kachwaha

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2310 of 2014)Decided 28 Oct 2014
Criminal Appeal No. 2310 of 2014
Justice T.S. Thakur · Justice R. Banumathi

Background

A wife and her two daughters sought maintenance after she left the matrimonial home alleging dowry-related harassment. The Family Court awarded her Rs.3,000 monthly and maintenance for the daughters. The High Court removed the wife's award, treating her separate residence as unjustified, while retaining the daughters' maintenance.

Decision Breakdown

The Supreme Court restored the wife's Rs.3,000 monthly maintenance and directed payment of arrears within eight weeks. The Family Court had accepted evidence giving her justified reasons to live separately, and the High Court should not have displaced those findings by examining the matrimonial dispute in excessive detail. Her postgraduate qualification did not establish an ability to support herself, and the alleged employment and earnings were not proved. The Court considered the husband's means and her hardship, while leaving her free to seek an increased amount from the appropriate court.

Lesson Learnt

Education or an unsupported allegation of employment does not by itself defeat a wife's maintenance claim. Courts examine her actual ability to maintain herself, the husband's means and whether there is a justified reason for living separately.

Official source (sci.gov.in)View Judgment (PDF)

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