Maintenance for wife


Mrs A is 28 years old, working with central govt, and married to Mr. B. 

Mr B is working with a private concern and earning about 50 k per month. 

The couple have a boy child who is about 18 months old.

Mr B and his mother are not treating Mrs A with respect. Mrs A's income is completely spent on family, not even a rupee is in her savings after four years of marriage. Mrs. B's income is mostly spent on his lavish lifestyle, which Mrs A does not like. This has led to frequent quarrels and now Mrs A is thinking of divorce. 

Both belong to Muslim communinity. Mahar was fixed as 40 grams of gold which Mr B has given to Mrs A while marriage itself.

If Mrs A applies for divorce, can she demand for maintenance for herself?

Can Mrs A demand for maintenance for her son upto the age of him becoming a major?

 
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Free legal advice and legal aid cell

Mrs. A cannot get maintenance for herself because she is in Govt. service and probably earning as much as her husband is earning.  But she can get maintenance for the child till it attains majority.  The husband has to pay half of the expenses for the child remaining half has to be borne by the wife.  If wife's salaray is very low comparing  to husband's earnings, then she is also entitled to maintenance.

 
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practicing lawyer

It is well settled law that earning wife is not entitle for mainetinace, Who is enjoying same status as her husband/wife as the case may be is enjoying. In easy words where income of the both sopuse are equal, maintenace case is not maintainable, however minor child is very much entiled for maintinance from father under section 125 of Cr.PC and Court is bound to grant the maintenace for minor child in said provision of law.

The day you approched the court for the maintinace, your Application of maintinace would be allowed from the very day of institution of the case only.   

Regards

Jaspal S Maini(Adv)

9999987283

 
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Advocate

The facts posted do not suggest any grounds for divorce.

 
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Thank you Sir.

 
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Thank you Sir.

 
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Maybe you are right Sir.

But Mr B and his mother are repeatedly saying that they want to talk with the elders and just get rid off (the relationship). Maybe they are thinking that under Islamil Law there may not be much rights to wife and they can simply say talaq and finish off. 

 
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