Saturday, 22 November, 2008

Estranged Wife Entitled to House

    Estranged Wife Entitled to House

    The Supreme Court India has ruled that husband paying monthly maintenance to cover food, clothing and other expenses of estranged wives now include provision for a house akin to the husband's. A Bench comprising Justices Arijit Pasayat and Mukundakam Sharma, ruling in favour of Komal Amma from Kerala who struggled to find a house for herself after estrangement said, "Maintenance, as we see it, necessarily, must encompass a provision for residence." The bench also added, "Maintenance is given so that the woman can live in the manner, more or less, to which she was accustomed."

    In its significant ruling, the bench said, "The concept of maintenance must, therefore, include provision for food and clothing and the like and take into account the basic need of a roof over the head." This helps estranged wives lead a normal life without feeling the pinch.

    Therefore, if the couple was living in a posh locality, then after estrangement, the husband is bound to give a sum along with maintenance that would enable her to rent a house in a similar locality.

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