Maintenance

Shweta (Querist) 03 November 2009 This query is : Resolved
Wife wants to file case under DV Act, 498A, divorce. Wife is professionally qualified and is working. But her earnings are almost one-third of her husband's earning. Say if she is getting 5 lacs per annum, her husband is getting 15 lacs per annum. Is she entitled to any maintenance / relief in any form from her husband in any of the cases. If yes, under which section and how much?

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adv. rajeev ( rajoo ) (Expert) 04 November 2009
she has got independent income, as such she cannot claim maintennce from her husband.

Raj Kumar Makkad (Expert) 04 November 2009
The wife should demand maintenance allowance under section 24 of HM Act in divorce petition and under section 12 of DV Act stating that her income is not equal to that of her husband and she is entitled for the life at par with her husband.

sanjeev murthy desai (Expert) 04 November 2009
No, if she claim for maintance the Hon'ble court may dismiss the above case, because she is capable to maintain her life and also earning 5 lakhs PA.

The basic object of the maintance is to provide the basic necissities to who are incapable to maintain their life.

But in your case she is capable to maintain herself.

kranthi kiran (Expert) 04 November 2009
If the husband establishes and proves that, the wife is earning sufficiently, so as to to maintain herself, then the Court may dismiss the petition for maintainence filed by the wife.

Suhail suhail (Expert) 04 November 2009
I agree with Mr. Raj,it is not maintenance alone but it is the quality of life the wife has been living.If she cannot maintain the quality of her life she is entitled to get the maintenance, it purely factual and needs to show as to why should not the husband maintain her quality of life.It has been mentioned in Catina of Judgments that maintenance is to be provided to maintain the quality of life,as the the factor varies from case to case,and one must not forget the social life is an important factor in our country and the same calls an attention.if it is proved that the income earned by the wife is not sufficient to maintain her living standard which she has been into during marriage,then certainly she is entitled to maintenance.

Sachin Bhatia (Expert) 04 November 2009
The wife should demand for maintenance allowance under section 24 of HM Act in divorce petition and under section 12 of DV Act. The maintance is to provide for basic necissities and needs of the party who are incapable to maintain themselves.

Guest (Expert) 05 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING MAINTAINENCE TO WIFE KINDLY NOTE THAT

1.SEC.125 OF CRPC.THERE IS PROVISION TO CLAIM MAINTAINENCE FOR WIFE.
2.HINDU MARRIAGE ACT SEC.24 IS REGARDING MAINTAINENCE TO WIFE.
3.AS PER HER STANDARD OF LIVING OF HUSBAND AND WIFE AND INCOME OF HUSBAND AND FAMILY STATUS.DEPENDENT CHILDREN AND FAMILY MEMBERS OF HUSBAND AND WIFE MAY BE CONSIDERED WHILE DECIDING THE AMOUNT. .WIFE CAN MENTION ALL FACTS AND CLAIM MAINTAINENCE FROM HUSBAND.
EARNING WIFE IS ALSO ENTITLED FOR MAINTAINENCE, A SUPREME COURT JUDGEMENT CAN BE CITED.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE