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 10 Replies

Legal Fighter (Advocate)     17 March 2010

it depends upon facts and circumstances of the case such as income of both, living standard, liabilities etc. Its very difficult to generalize it.

Raghavendra (ragsan@gmail.com) (Lawyer)     17 March 2010

THE KARNATAKA HIGH COURT HELD ONE OF THE CASE 'SINCE WIFE IS A DOCTOR, SHE IS A PROFESSIONAL AND SHE IS CAPABLE TO EARN FOR HERSELF AND NEED NOT BE MAINTAINED BY HUBBY'.

IT IS UNDER SUCH CIRCUMSTANCES EVEN HUBBY CAN CLAIM MAINTAINANCE FROM WIFE IF HE IS NOT CAPABLE TO MAINTIAN HIMSELF.

sandhya (abc)     17 March 2010

sir if wife is not willing to give divorce and husband needs divorce in that case can she ask for maintenance, my point is it is not necessary that wife may have strength or emotionaly feels ok to carry the job even though she is qualified.

Raghavendra (ragsan@gmail.com) (Lawyer)     17 March 2010

if wife is not willing to divorce, still she is entitled under law to claim maintainance from husband, wife is also entitled to claim residence, injunction against the husband not to alienate his self acquired properties and she can also prohibit relatives from invading privacy in any manner etc, the cour can even punish husband for violating its orders with imprisonment and fine.

under PWDV Act, on the file of affidavit wife is entitled for many reliefs, please read the law attached herewith.

getting divorce is not so easy for husband and it is not so easy to prove cruelty in court. but mutual divorce is littile easy subject to waiting period of 6 months after the filing of the petition before the local family court. - tc..... ragsan@gmail.com   


Attached File : 33 33 dv act.doc downloaded: 416 times

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     17 March 2010

An estranged wife can claim maintenance from her husband,  in spite of her efforts to earn a monthly income if that is not enough for her maintenance.

If the wife is earning enough/sufficient money to maintain her, then she is not entitiled to claim maintenance from her husband.

Mere capability for earning is not enough. Actual earning has to be proved.

Suchitra. S (Advocate)     17 March 2010

Snadhya ji, I would like to quote Supreme Court's judgment recently that even when the wife is working, she can get maintennace by her husband depending upon the circumstances of the case. Pl go through the following news.. Pl excuse me, I dont know the citation.

 

https://www.hindustantimes.com/News-Feed/india/Working-women-can-claim-maintenance/Article1-260372.aspx

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 March 2010

yes she may get, if her income is less than the boy's total income as a member of hindu undevided family.

G.CHANDRAMOHAN (advocate)     12 December 2010

can a husband get settlement or maintanace by his working wife wife dosenot intrested with the husband and force him to go out of her house ?

help_divorce (SC)     12 December 2010

if a working wife files for divorce under 13(ia), is she entitled for iterim/permanent maintenance?


(Guest)

 

Yes.  Here is my response for multiple questions/assertion raised in this thread.

 

. Q1. . can working wife get maintenance??

-- Yes, It is India my dear. Courtsey  gender biased rules.

Q2 -sir if wife is not willing to give divorce and husband needs divorce in that case can she ask for maintenance, my point is it is not necessary that wife may have strength or emotionaly feels ok to carry the job even though she is qualified.

- Yes, she can. It is India my dear. Courtsey  gender biased rules.. The other day one goon was giving similar logic for his loot -- he did not feel he has strengh and emotional feels to work.

 

Q3 if wife is not willing to divorce, still she is entitled under law to claim maintainance from husband, wife is also entitled to claim residence, injunction against the husband not to alienate his self acquired properties and she can also prohibit relatives from invading privacy in any manner etc, the cour can even punish husband for violating its orders with imprisonment and fine.

 

-- Yes, It is India my dear. Courtsey  gender biased rules.

 

Q4 An estranged wife can claim maintenance from her husband,  in spite of her efforts to earn a monthly income if that is not enough for her maintenance.. If the wife is earning enough/sufficient money to maintain her, then she is not entitiled to claim maintenance from her husband.

-- Yes, It is India my dear. Courtsey  gender biased rules.For test of sufficiency of amount for maintenance -- there is no formula -- it is based on husband cureent income  :)

 

Q5 - I would like to quote Supreme Court's judgment recently that even when the wife is working, she can get maintennace by her husband

   -- Yes, It is India my dear. Courtsey  gender biased rules.  


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