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Khusboo (nil)     24 August 2013

Is husband demand maintenance from wife

me and my husband are both salaried employees, how ever i earn more then him... does he have any legal right to demand money / maintenance from me just because my salary is more than him?



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 10 Replies


(Guest)

Quantum of maintenance depend on several facts:

1. Your income ,liabilities, expenditures.

2. Your husband income ,liabilities , expenditure.

3. Duration of marriage.

4. Any child from wedlock & His/Her CUSTODY .

5. Both spouse social status prior to marriage and after marriage.

 

From above facts, Compare yourself and judge where he is liable for maintenance or not.

 

an assumption:

1/3 of take home income is considerable amount for maintenance. If his take home income is lower than your 1/3 take home income then he can seek relief under 24 HMA if any seperation or sections under HMA is running. Now you know better do your husband fit for this slab or not?

1 Like

(Guest)

Quantum of maintenance depend on several facts:


1. Your income ,liabilities, expenditures.

2. Your husband income ,liabilities , expenditure.


3. Duration of marriage.


4. Any child from wedlock & His/Her CUSTODY .

5. Both spouse social status prior to marriage and after marriage.

 

From above facts,

Compare yourself and judge where is liable for maintenance or not.

 

an assumption:

1/3 of take home income is considerable amount for maintenance. If his take home income is lower than your 1/3 take home income then he can seek relief under 24 HMA if any seperation or sections under HMA is running.

Now you know better do your husband fit for this slab or not?

fighting back (exec)     24 August 2013

@khusboo....why are you fearing.........dont assume things.....if he has not filed anything...


(Guest)

If you are earning more than husband, there is a fair chance of husband filing for maintenance and you will have to pay.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 August 2013

Dear Khusboo

if both of you are hindu & there is any dispute/case filed before the court under Hindu marriage Act then he can file an application under section 24 of HMA against you for pendelite maintenance otherwise not.

fightingfalsecase (sw)     25 August 2013

Khusboo, husband and wife both can demand Maintenance. However, there are numerous ways for the MEN in order to get rid of it. SO YOU SEE, THEY HAVE ALREADY DISCOVERED THE PATH AND YOU JUST NEED TO WALK ALONG THAT. You sure would be able to make it work by the help of a genuine helping LAWYER.

fighting back (exec)     25 August 2013

@fighting false case...what is the path you are talking about that the men have  'dicovered'???

Reformist !!! (Other)     25 August 2013

Discovered the path...??? konsa path ???......A new discovery for men :P

Khusboo (nil)     26 August 2013

Dear All,

Thank you so much for your kind advice and suggestion.

As suggested above i calculated his and mine take home salaries, his take home salary is more than 1/3 of my salary... so does it mean that he cannot claim in this case? b/w we both r hindu n there is no children from this wedding.

Friends i have one more question... we  bought  land during our marriage, due to lack of some papers it was registered in his name. i have contributed more then him in this plot (used all my savings )but land legally belongs to him,  and if we separate do i get any thing from this property.

What right do i have in the property acquired during marriage?

Thanks in advance for you valuable advice

Tajobsindia (Senior Partner )     26 August 2013

1.    See for running domestic and some un-towed expenses either spouse can seek help from another spouse irrespective who is earning more or less. It is called ‘economics of adjustments’ in a marital home where both spouses are found to be working and earning an ‘income’.

2.    Flip above opening statement, the moment one spouse gets ‘ideas’ for any reason best known to that spouse then the next best way to resolve it is in Court where under Hindu Laws especially u/s 24 HMA either spouse can claim maintenance from other spouse based on best material facts.

3.    Coming back to your brief, I donot know the inner reason behind first query why this ‘idea’ got implanted so I would not touch more than necessary. Following up on your next question a proper claim suit showing who has title of the property and payment trail resolves this question and until then it leads to speculation from repliers.  For legal rights proper Law is to be invoked not speculations. For your last question on legal rights to property acquired during marriage, if the question is of the land whose title he has and you completely paid for the same then it is suggested to invoke your legal rights via Court to get relinquishing deed on title hold by him of the said property.

4.    Be it so, some action suits in Court(s) i.e. if seperation from marital bonds is in cards is what all three enquiries of yours are pointing to in days to come.


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