An erning wife is entitled for maintenence or not


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?

 
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www.vashiadvocates.com

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.

 
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Business

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.... 

 
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RETIRED JUDICIAL OFFICER

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

 
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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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IF YOU ARE NOT DOING ANY JOB RIGHT NOW YOU CAN FILE A SUIT 125 CR PC AND TAKE IMMIDIATE RELIEF FOR IT

 
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Lawyer in Hyderabad.wats app no.9989324294

You can ask maintenance for your baby only inspite of earning for you.

 
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As per 125 Cr.P.C If husband neglects or refuses to maintain wife and wife is unable to maintain herself then wife is entitled for maintenance. To know more please visit Advgyan Website.

 
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Advocate

yes, in your given facts, you should place application under section 125 of Cr.P.C.

 
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