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In the case of Smt. Mamta Jaiswal vs Rajesh Jaiswal, where a woman was extremely qualified and held a degree of Msc, M.C. M.Ed was not working. The husband filed a divorce against her on the grounds of cruelty, she was awarded alimony of Rs. 800/- as pendente lite alimony and travelling expenses for attending court.
In a revision application where she prayed for travelling expenses for travelling expenses of one attendant the court was faced with two issues namely :
A spouse who is well qualified to get the service immediately with less efforts is not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut in the nature of pendente lite alimony. held the court
The sumbission made on behalf of Mamta, the wife, is not palatable and digestable. This smells of oblique intention of putting extra financial burden on the husband. Such attempts are to be discouraged added the court.
The court stated its concern of the increasing idleness and use of section 24 of the Hindu Marriage Act by well capable and qualified persons. It also stated that when qualified persons do not use their ability to maintain themselves then the concept of amicable settlement would be frustrated while upholding the order of maintenance.
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