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?
fighting back (exec) 24 August 2013
@khusboo....why are you fearing.........dont assume things.....if he has not filed anything...
Nadeem Qureshi (Advocate/ firstname.lastname@example.org) 24 August 2013
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
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
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.