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Ananymous. (software engineer)     30 June 2012

Eligibility for the maintenance

Hi,

I am working as a sofware engineer in a private sector and earning around 40000 per month, my husband is also working as a software engineer in a private firm earning around 90000 per month. we have some disputes if i apply for the divorce am i eligible to claim for the maintenance from my husband? because i am also working, will the court consider my earnings and refuses to provide maintenance from my husband?



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 15 Replies


(Guest)

Dear Vrindha,

Sure, you can prefer application for grant of maintenace simultaneously when you apply for divorce. Depending on the requirement and the case and grounds on which you are seeking maintenance, the quantum will be decided and maintenance will be awarded accordingly.

If you really wish to proceed for divorce, you can as well prefer application u/s 24 & 25 of Hindu marriage Act for grant of permanent alimony and maintenance-pendent-lite.

Court cannot refuse to grant maintenance unless there are circumstances and evidence produced by your husband establishing that you are not entitled for maintenance.

I hope this satisfies your querry. Feel free to communicate in case of further assistance.

1 Like

(Guest)
Need only money why not...? Now after mrg ur husband is ATM. Ur r earning but still greedy.

(Guest)
Need only money why not...? Now after mrg ur husband is ATM. Ur r earning but still greedy.

(Guest)

Maintenance is for needy and not for greedy ill-educated ones.

Forget about it, you will not get a penny.

radhika (housewife)     02 July 2012

dear 498 sft engr, its not about being greedy... its for those husband who do not take their resposibility as a husband... and who jsut believe tht they are on this earth to give pain and sufferring to their innocent wife.... 

radhika (housewife)     02 July 2012

dear 498 sft engr, its not about being greedy... its for those husband who do not take their resposibility as a husband... and who jsut believe tht they are on this earth to give pain and sufferring to their innocent wife.... also how can you say tht .. the lady is greedy.... why to leave cruel husband's so easily.... if they know how to give pain.. so in return they should also get pain and suffering..... 

Amit (NA)     02 July 2012

Radhika,

If the husband has been cruel, there are other provisions like 498A and DVA. Use them instead of maintenance.
 As mentioned in the other posts, maintenance is for wives who will be on the road otherwise. It's not a punishment tool. If indeed husband was cruel, prove the cruelty and he'll be punished.


(Guest)

Pls stop saying anything like this and stop being personal. This is a forum for advice and not for personal vendata. Pls try to maintain your own dignity and don't say anything which would hurt anyones feelings.

1 Like

(Guest)

Delhi high court has also said maintenance laws are "designed to help the needy and not the greedy".

If a earning wife, files for maintenace, it is nothing but abuse of process of law and her greed.

And misuse of law must be condemned.

Sorry to say, but you were not able to convice me why I should not consider a wife earning/capable of earning 50k per month a greedy wife.

Ananymous. (software engineer)     03 July 2012

Hello All,

As you all thinking I am not greedy, my husband is greedy he is harssing me from a week after my marriage for the money, he is asking to transfer my whole salary to his account every month once it is credited. when i asked how about my personal expenses he said he'll give some money every month. He is also earning 90000 per month but he is not telling what is he doing with that money. On top of it he is asking mine too how can i give without knowing for what he is spending? this is how the disputed araised between us. He is behaving so cruelly after i said no to give money and also he is saying i have a right on your money. is it true? does husband has a right on wife's income? can husband can take it forcefully if wife doesn't wish to give him?

I dont want to give divorce to my husband i am just married (4 months old) i just wanted to scare him that if he has to pay lumpsum amount of money if i apply for divorce he'll come back to me because he cannot pay such huge amount of money.  

Ananymous. (software engineer)     03 July 2012

Hello All,

As you all thinking I am not greedy, my husband is greedy he is harssing me from a week after my marriage for the money, he is asking to transfer my whole salary to his account every month once it is credited. when i asked how about my personal expenses he said he'll give some money every month. He is also earning 90000 per month but he is not telling what is he doing with that money. On top of it he is asking mine too how can i give without knowing for what he is spending? this is how the disputed araised between us. He is behaving so cruelly after i said no to give money and also he is saying i have a right on your money. is it true? does husband has a right on wife's income? can husband can take it forcefully if wife doesn't wish to give him?

I dont want to give divorce to my husband i am just married (4 months old) i just wanted to scare him that if he has to pay lumpsum amount of money if i apply for divorce he'll come back to me because he cannot pay such huge amount of money.  

Sameer12345 (SSE)     03 July 2012

>> he has to pay lumpsum amount of money

Judge will give him choice to pay either lumpsum or monthly amout. 


(Guest)

Even otherwise, looking to your marriage which as per you is 4 months old, you cannot file petition for divorce. The same will not only be premature but as well hit by the provisions of Hindu Marriage Act. However, you can file petition u/s 12 of D V Act.

1 Like

Fighting for a cause (Defending court cases )     03 July 2012

WOW, SO MUCH ATTENTION TO THE CASE OF AN INDEPENDANT  METRO WOMEN SOFTWARE ENGINEER WHO IS VERY MUCH CAPABLE OF FENDING HERSELF BY HIRING A GOOD LAWYER.

 

WE HAVE NO RIGHT TO BLAME THE LAWS WHICH ARE BIASED TOWARDS THE HUSBAND BECAUSE WE HAVE NOT DONE ANY THING CONCRETE TO HELP THE SUFFERING HUSBAND. 

1 Like

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