harsh pratap singh (sseef) 25 October 2012

Highly educated & earning wife maintenance?

Dear Experts,

My estranged wife in her DV petition has filed her previous employers pay slip as affidavit and she claims that her husband objected to her working so she was forced to resign from her job(where she was earning some 20K pm).

She could even get order of interim maintenance of 5000/-pm. ?

i have read in Mamta Jaiswal Vs...... HC of Madya Pradesh order that a highly educated and previously earning wife cannot claim maintenance......................then how come the judge allowed maintenance when her previous pay slip was right infront of judge as enclosure in the file.

Plz experts throw some light........from my case i can strongly say that highly educated and previously working gal can still claim maintenance.

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3 Replies

BRajesh (MRKT) 25 October 2012

Even in my case also where my wife is educated and working but still i was asked to pay interim maintenance of 8k PM.

Prashant Ghai (Advocate) (PrashantGhai.com) 25 October 2012

You are correct in suggesting that as per a lot of judgements, an academically qualified woman who is/was emoplyed should not granted maintenance.

So I guess it boils down to things like, there is a child with her for which maintenance might have been granted and MOST IMPORTANTLY....Were you properly represented in the Court?

The laws/judgements can only do so much if they are not brought in front if the Judge no matter how obvious they seem.

harsh pratap singh (sseef) 26 October 2012

Dear Adv Prashant Ghai/ other Experts,

can you provide me with any recent SC or HC judements that a highly qualified and previously earning wife cannot claim maintenance......other than Mamata Jaiswal of HC of MP.

Thanks