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Claim mainteance

(Querist) 24 August 2016 This query is : Resolved 
Hi,
I am CA and earning 40k per month and residing with parents however 498A is pending alomg with Sec 12 of DV act . my husband is earning ard 1lac pm. Could I claim maintenace as i am not able to maintain myself and have to take separate accomodation which costs me ard 15k and have other expenses ,My husband has no liability. My lawyer is saying that no maintance will be given please suggest

Thanks
Kishor Mehta (Expert) 25 August 2016
Madam,

It is not possible to offer advice in case such as yours, only a court of law, considering the relevant circumstances, can decide whether to sanction maintenance or not.

Good Luck,
Kishor Mehta
P. Venu (Expert) 25 August 2016
A marriage is meant for sharing responsibilities of the family, the basic unit of the Society. It is not the easy path for getting maintenance.
Raj Kumar Makkad (Expert) 26 August 2016
A wife is also entitled to lead the same status of life as the husband is leading. As your income is much lesser than your husband and even your husband is not having any liability except to maintain you and himself then court may consider your liabilities and may award some amount as maintenance but you shall have to prove the income of your husband based upon strong documentary evidence.
Rajendra K Goyal (Expert) 26 August 2016
You have to justify your claim before the court.


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