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(Guest)

Can i ask for maintenance from my husband, if i am working..

I have lodged FIR under ipc section 498a, it been 5 months police has not submitted any chargesheet to the court..how long police can take to submit the chargesheet in court??? Apart from that, I am working in a private sector, can I ask for maintenance from my husband??


 10 Replies

manohar   12 May 2020

charge sheet u/s 498A is not easy for police to file in the court since women are misusing section 498A and hence late. you are not entitled

G.L.N. Prasad (Retired employee.)     12 May 2020

Now Central Government is seriously against arresting alleged persons simply on the basis of a complaint, and police are under obligation to make an investigation and verify the facts before resorting to arrest.

You can either contact any women voluntary organization or a local advocate to get clarification on your chances of getting maintenance as it depends on several factors.  (Even CEO of Tata is also a Private employee)

P. Venu (Advocate)     12 May 2020

aIt is not the rule that working women are not entitled for maintienance. The rule is that enstranged wife and children ought to be taken care of of. However, the court makes an exemption when the wife is well employed/settled.

As regards to the charge-sheet, the police need to do complete investigation before the charge-sheet is filed; it cannot be filed as a matter of routine. 

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     12 May 2020

Sec.125 CrPC enables maintamce to a married woman deatituted and who has no sufficient means or pecuniary resources to maintain herself. You cannot claim maintainenace being educated and working woman.

Kishor Mehta (CEO)     12 May 2020

It depends on: (1) Who is earning more and their respective responsibilities, (2) summing up of the validity of evidences by the presiding Judge.

P. Venu (Advocate)     12 May 2020

Yes, there is nothing that prevents a working woman from seeking maintenance from her enstranged husband. The court will decide the issue after hearing her husband and taking all the facts and circumstances into consideration.


(Guest)
Sir all my ornaments are with them, I am having all the bills.. apart from that my husband has transferred a large amount from my account without my consent... could you please let me know what are the ipc section will be applicable for this??

Kishor Mehta (CEO)     12 May 2020

Madam, this platform can only offer opinion, however it will be in your best interests to consult a practicing advocate in the matter and approach Court for redressal of your grievances. Sooner the better.

Kavya Sreejith   13 May 2020

Greetings!

Having a job will not restrict you from claiming maintenance. You may read more about it at https://www.lawyersclubindia.com/articles/right-to-maintenance-1953.asp

Regards

Dr J C Vashista (Lawyer)     13 May 2020

     In a recent case, the High Court of Kerala while deciding maintenance case under Section 125 of CrPC has succinctly stated that even if the wife was earning some amount that may not be a reason to reject her application for maintenance outright.

Case name: Alphonsa Joseph v. Anand Joseph

In the present case, the Petitioner wife and daughter approached Court claiming maintenance from Respondent under Section 125 of CrPC contending that respondent is an affluent person with sufficient means and that he has neglected and refused to maintain them. Hence, the Petitioners in the case claimed maintenance @ Rs.50,000/- per month.

The Respondent however refused to pay maintenance to the wife on the ground that petitioner/wife is a qualified doctor having BDS degree and refuses to work and earn for herself and hence the respondent is not willing to provide maintenance to her. The Family Court accepted respondent’s contention and refused to grant interim maintenance to the wife against which the Petitioner appealed before the High Court of Kerala.

The High Court of Kerala in appeal reversed the Family Court’s verdict and made the following observations in the case:

While making reference to Apex Court’s judgment in Sunita Kachwaha and ors. V. Anil Kachwaha[1]noted that even if the wife was earning some amount that may not be a reason to reject her application for maintenance outright.

While condemning the Family Court’s order, the High Court observed that in such a case, Family Court should have applied its mind carefully before rejecting her prayer for maintenance holding that she has the potential to maintain herself.

It was also stated by the High Court that as held by the Apex Court in a catena of decisions, the concept of sustenance does not necessarily mean to live the life in penury and roam around for basic maintenance. The wife is entitled in law to lead a life in the same manner as she would have lived in the house of her husband with respect and dignity.

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