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Wife and husband both earning

(Querist) 22 July 2017 This query is : Resolved 
hello all learned,
lady earnings in government department as professor in medical department but she is not permanent. her husband is also as professor in medical department and do part time job in another clinic as doctor.
whether she is entitled to get maintainance as she is not permanent
job
regards,

Rajendra K Goyal (Expert) 22 July 2017
How are you concerned?

For maintenance, lot of factors considered apart from earning of wife like children, quantum of earning, life style, type of job etc.
kavksatyanarayana (Expert) 22 July 2017
Yes. how are you concerned with this query? Whether they got divorced from a court or not. why she is claiming maintenance? state full material facts.
Kumar Doab (Expert) 22 July 2017
Generically speaking; Yes. She can claim.

Rest as already suggested by Mr. Rajendra K Goyal the presiding officer shall decide on facts and merits...
Kumar Doab (Expert) 22 July 2017
You may go thru CrPC;125…………..and judgments from Apex Court…………..
Your own counsel well versed with facts and details is best placed to advise you.
OP and the counsel of OP would be doing their job………..
Kumar Doab (Expert) 22 July 2017
For your academic interest,you may go thru:
Supreme Court of India
Shail Kumari Devi & Anr vs Krishan Bhagwan Pathak @ Kishun B
https://indiankanoon.org/doc/1952766/
Central Government Act
Section 25 in The Hindu Marriage Act, 1955
https://indiankanoon.org/doc/95286/
Dr J C Vashista (Expert) 23 July 2017
I respectfully differ with the opinion and expert advise of Mr. Kumar Doab despite the fact wife is legally, socially and morally responsibility of poor husband (in Indian context).
There are number of judgments (Mamta Jaiswal by MP High Court (Indore Bench); Rupali Diwan by Delhi High Court and many more) where earning wife who is earning/capable to maintain herself is not entitled for any maintenance from helpless husband.
Dr J C Vashista (Expert) 23 July 2017
Basically intention of legislators qua maintenance of wife is granted to avoid destitution and vegeracy,.


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