In a domestic violence case filed before the additional metropolitan magistrate, Mumbai, the court held that if there is no prima facie proof to prove that husband is employed; fixing maintenance against him t pay to his wife is not maintainable.

The maintenance application was filed on behalf of the wife and children before the court for granting maintenance to the children and wife. While the Mumbai-based court after hearing the case partly allowed the application as the husband was directed to pay to maintenance to his children but the maintenance in favour of the wife was declined by the court.

The husband and wife had two children out of wedlock. The couple had an arranged marriage and the family of the husband is from Rajasthan and the wife’s family belongs to Mumbai. The applicant has completed her education in the course of dentistry and is qualified to work as a dentist while her husband is doing business in Rajasthan itself.  The wife made a contention that the husband and his family made her leave the matrimonial home forcefully with her children, now she is living with her parents who are maintaining her and her children’s basic necessities.

While the husband contended before the court that she willfully left the matrimonial home and never returned despite his effort. She forced me to come to Mumbai and settle down in Mumbai with her which was not possible for me.

After going through the facts and circumstances of the case the court partially passed the decision in favour of the applicant.