An erning wife is entitled for maintenence or not


I got married in june 2012. our baby was born on nov 2013... baby was a girl, i could feel that my husband and his family are not happy for the baby... they started torturing me up to a level that I had to leave the house, now I m living with my parents and my daughter.

i was a media professional but after marriagemy husband forced me to leave my job and i had to do that. now at this stage i m planning to start my career all over again.

I want to know that in such condition will i be entitled for maintenance from my husband.

 

 
Reply   
 
instructor

If you are a non working lady and presently you have no source of income then you are eligible to file maintenance for youself and for your baby .
 
Reply   
 


Advocate

At this period of time, as you are not in employment you are entitled to maintenance to you as well as to your child, which comes about 1/3rd of his income under S. 125 cr.P.c. Act.  Once you get employment, even then the maintenance meant for your child, you will be entitled.  And also during your employment, for yourself you are not entitled to maintenance as this is meant for indigent wife.  Your child being dependendent derives that benefit. That is the law as far as S.125 is concerned.   If he (or you) files any divorce or restitution of conjugal rights case or you file domestic violence case, in those cases, even though you will be in employment,  you will be entitled to maintenance for yourself, if the living standards of your husband are very high and yours  is low and do not match and if so, bridging that gulf, the court may grant maintenance to you also in those cases.

 
Reply   
 

if u are working women u are not in tile to get maintenance.
 
Reply   
 
advocate

you can file for the maintenance of you child and as you said you wanted to take up job till that you can claim the maintenance from your husband and also for both of you he has to provide accommodation  for you both also

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

 Only a wife with no sufficient source of permanent income can claim maintenance from her husband, the Bombay high court has ruled. A division bench of Justice Vijaya Kapse-Tahilramani and Justice P N Deshmukh rejected an application by an Andheri resident, Sheela Sharma (61), who had sought Rs 15,000 as monthly maintenance from her husband, Nitin Sharma, who is based in Australia. 

 
Reply   
 
www.vashiadvocates.com

Usually a wife who has her own source of income cannot claim maintenance under the Sec 125 of The CrPC.

However, if the income of the wife is very less compared to her husband's income, then she can claim maintenance so as to support a lifestyle similar to her married life and her husband's lifestyle. You can also claim maintenance for your daughter.

However, it is better to claim this maintenance amount through a Civil Petition in a Family Court rather than through Sec 125 of the CrPC. As per the decisions of the higher courts, Sec 125 of CrPC is for immediate relief for a wife who cannot maintain herself.

Permanent alimony and maintenance for self and children should be claimed through a proper Civil / Divorce petition.


Total likes : 1 times

 
Reply   
 
Legal Evangelist - TRIPAKSHA

Nothing left to be added.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
Reply   
 
IT professional Studying Law

:) even if what you have stated is not prima facie you can still pinch him for maintenance by virtue of the baby.All the best in your new career.

 
Reply   
 
LAWYER

There are some case laws that qualified spouse is not entitled for maintenance.   You worked as a professional.   You are not expected to sit idle expecting dole from your husband.....wise advice...you are career oriented woman, seek maintenance for the child only...do not let go your self esteem, rpove to your husband that you can earn and maintain yourself......

Show your Stree shakti...

women always fight for rights but do not want to shoulderresponsibility, you are no less than your husband, you are equally capably of doing everything...why are you letting down yourself by asking maintenance from husband..

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x