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Pradeep Kumar (Business)     01 September 2018

Maintainance related query

Is educated wife technically skill working before marriage leaves job and claims maintenance from her mentally depressed husband having no earning entitled to maintenance ?


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 7 Replies

Adv Deepak Joshi +917017821512 (Advocate)     01 September 2018

Dear querist,

Rationally, logically and legally answer is on negative side. But everything depend how you contested your case in court and nature of judge.

 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Krishna   01 September 2018

He has to prove to prove that he is mentally depressed. All the husbands are mentally depressed after the cases. Court may not accept. There are judgements where denied maintenance because of her education qualifications and past employment history before marriage

Krishna   01 September 2018

As Deepak sir told depends on Judge and your proofs argument

TGK REDDI   01 September 2018

The nature of the Judge or proof is of no consequence for this query.

This is a theoretical and academic query and deserves a place in lawyersclubindia.

Taking the nature of judge and proofs for granted, what is the answer? 

Kumar Doab (FIN)     01 September 2018

There are judgments in favor and against!

Focus your efforts on proving that spouse is qualified, earning and able to earn..and also place before court your liabilities.

The court shall decide.

Kumar Doab (FIN)     01 September 2018

There are many threads on similar query at LCI also that you can search thru SEARCH option in threads, Articles, Files, Shared Files etc

e.g; Article under my profile;

Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!

Wife's Capability to Earn: Is No Reason to Reduce Maintenance Awarded to Her

Kumar Doab (FIN)     01 September 2018

Take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL Civil courts, HC, SC…

 

A lot depends upon ability and competence of litigant, evidences, and ability of counsel.


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