Eligibility for maintenance under hindu marriage act

Rakesh Malik (Querist) 15 March 2014 This query is : Resolved
My wife stayed for 33 days in my home. I and my wife both have accepted in court that we had not any physical relations between us and we both need divorce. Wife has taken her stri dhan back.

Is she entitled for maintenance? She is MBA and earning more then me before marriage. Now she says that she is jobless. Her complaint in CAW cell has been closed as we have amicably settled all the issues between us and we are living separately.

If she is entitled for maintenance how much percentage of my salary. I have my own home. My father is retired govt. employee and my mother is working. I am only son of my parents.

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Devajyoti Barman (Expert) 15 March 2014
The duration of staying together is not a determining factor to fix quantum of maintenance.
If your wife is jobless now or you have failed to proof her job, you are bound to provide her maintenance which can be anything between 1/3 - 1/5 of your income.

Dr J C Vashista (Expert) 15 March 2014
Yes she is entitled for maintenance.
If she is MBA and earning more then you before marriage, then contest the case wherein the Court has to consider the fact and deny mantenance even if she says that now she is jobless.
Submit all the happenings before the Court including her complaint in CAW cell which has been closed as settled all the issues and living separately.
Obtain a decree of divorce.

ajay sethi (Expert) 15 March 2014
concentrate on her educational qualifications in your arguments . also the fact that she was working earlier . a wife who is highly qualified and has been working in past should not ordinarily be eligible for maintenance . she can work for her living .

Nadeem Qureshi (Expert) 15 March 2014
if divorce has filed by mutual consent then she can not claim maintenance after divorce.

prabhakar singh (Expert) 15 March 2014
A wife can claim maintenance even after divorce till she does not remarry.But the fact that she is MBA and employable and capacity to earn and was even employed has
a great bearing and may even defuse her right if it goes proved that she is deliberately avoiding her employ-ability just to tax your purse for her maintenance .

Biswanath Roy (Expert) 15 March 2014
Perfect opinion of Learned friend Mr. Prabhakar Sing ji I AGREE WITH HIS VIEWS.

Rajendra K Goyal (Expert) 15 March 2014
Agree with the advise of expert prabhakar singh ji.

You should oppose the move of wife for maintenance on merit.

prabhakar singh (Expert) 15 March 2014
TONS OF THANKS TO BOTH OF YOU SIRS!

Guest (Expert) 15 March 2014
Perfectly advised by Shri Prabhakar ji.

prabhakar singh (Expert) 15 March 2014
Thank you DHINGRA JI.

Guest (Expert) 15 March 2014
You are welcome Prabhakar ji.

T. Kalaiselvan, Advocate (Expert) 15 March 2014
There is no hard and fast rule in regard to the assessment of maintenance allowance and it all depends on facts and circumstances of the case before the court what exact amount would be appropriate in that particular case. Undoubtedly, the economic conditions of claimant and the opposite party are the most important factors to be considered at the time of determining the quantum of maintenance. The next important factor is the status of the parties and also the conduct of the parties. The other points to be considered include number of persons dependents on the party from whom maintenance is claimed. Where the applicant has sufficient means to maintain himself or herself as to the basic needs of life, such person is not entitled to maintenance.

R.V.RAO (Expert) 16 March 2014
AFTER DIVORCE,TILL A WIFE IS REMARRIED,SHE IS ENTITLED TO MAINTENANCE. SOUNDS LOGICAL .
THANKS.SRI PRABHAKARJI.

Eligibility for maintenance under hindu marriage act

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