Maitenance case

This query is : Resolved 
 


Querist : Anonymous (Querist)
21 July 2019

Hi All,

My wife is well qualified eletrical engineer but never worked anyware before or after marriage. She has prepared and passed the bank exam but didnt joined the job. I have no proof of the bank exam she passed. Now she is (+ 1 child) caliming 30k per month maitenance from me. Is he entitled for maitenance ?

My view is -

1. She is highly educated engineer
2. She has passed the bank exam
3. She can take the teaching classes of children or bank exam
4. She will get job easily
5. Her father is land lord, rich so she has rights on her father property.
6. She is engineer, cant sit idle, she should do something.
7. She cant sit idle being an engineer. She is able to maitane her self being engineer

What will be court view ? Under which law the maitenance will get denied ? Please help


P. Venu (Expert)
22 July 2019

In the normal circumstances the Court will grant maintenance, esp. for the child.


Querist : Anonymous (Querist)
22 July 2019

The Child is of 2 and half years. How much they can grant maintenance to child ? The maintenance for wife will get denied under which law ?

kavksatyanarayana (Expert)
22 July 2019

Ji, wife has right to claim maintainance and for dependent children also and cannot be denied. But court takes into consideration on various factors such as assests and liabilities and earnings of the husband and the earnings of wife also.


Querist : Anonymous (Querist)
22 July 2019

Wife is educated, technically fit to earn something to maitene herself. She is highly educated and get easy of earning 15-20k per month. then Maitenance will be given to wife ?

Dr J C Vashista (Expert)
24 July 2019

Is there any case pending before any Court where she (your wife) has claimed maintenance Mr. Anonymous?
If so, you have engaged an able, competent and intelligent lawyer to contest your case(s) what is his/ her opinion, if there is some truth in your statement?
Prima facie it is an academic question paper.

Dr J C Vashista (Expert)
24 July 2019

Grant or denial of maintenance and quantum of maintenance depends upon various factors including earning or capacity to earn of petitioner as well as other factors (especially as per standard of living of spouse). There is no straight jacket formula.
It would be advisable to consult a tutor if it is an academic exercise.
If it is a true story engage a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at:
Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91 98911 52939 email: majjagdish@yahoo.com



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