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viny bharti (presenter)     03 June 2014

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.

 



 20 Replies

laxmi kant joshi (instructor)     03 June 2014

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 .

Adv. Chandrasekhar (Advocate)     03 June 2014

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.

Pradeep kumar Tiwari (Advocate)     03 June 2014

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

Adv k . mahesh (advocate)     03 June 2014

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

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 June 2014

 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. 

Suneet Gupta (www.vashiadvocates.com)     03 June 2014

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.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Nothing left to be added.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     05 June 2014

:) 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.

ANAMIKA VICHARE (LAWYER)     05 June 2014

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..

sujit kumar (none)     19 June 2014

I am working in a govt. office. While  498a girl is a working in a reputed govt. sector bank as assistant manager.  Her pay is lesser than mine but her allowance are handsome.  A boy child of 2 years is there. can she claim maintenance?

Suneet Gupta (www.vashiadvocates.com)     19 June 2014

Usually if your wife is earning, she will not be entitled to claim maintenance under CrPC. However, she can still claim alimony through her divorce petition.

Samir N (2HelpU) (Business)     21 June 2014

Maintenance is a strange law which is provided under both Civil and Criminal sections and vary slightly in different sections. But the most important concept that is missed by most is what Adv. Chandrasekhar has pointed out:


"...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."


So women should try to show that their husband is having a luxurious lifestyle to which they are entitled to and men should prove just the contrary.  Whether the wife is employed or not is secondary. This is not generic advice but what litigants must always keep in mind.  Smart advocates for men will try to say that 125 Cr.P.C. only requires that woman is able to maintain herself. It is silent on the standard of living. Wife's advocate will argue otherwise.... 

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Thiruthi Asokan   15 March 2021

Yes, husband would be entitled to pay maintenance as the wife is educated but she does not have job right now. And if the husband earns more then he has to pay the wife as she is not able to maintain herself and her baby. Despite the fact that she will start a job again or not he will provide alimony as per section 18 of Hindu Adoption and Succession act. 


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