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aflatoon dash (health)     15 September 2010

Is working wife entittled alimony

There has been numerous instances where working wife have been denied maintenance pendite litigation.But is working life denied alimony if she is found working ??Pl help.



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 September 2010

No. It depends upon her income. A wife may be earning a meagre income. It is a well settled position now, that a wife should be earning sufficient to maintain herself as per the standard of living she was having at her husbands home to deny maintainance. In short, a wife should be earning sufficient income to maintain herself properly. Just because a wife is working is no reason to deny maintainance.

1 Like

aflatoon dash (health)     15 September 2010

Madame,

If the lady has been not given any maintenace during litigation despite her plea  will she be given alimony.Her standard of living was above that of husband with work experience in india and abroad.

pl clarify and any citations please.

regards

Adv Archana Deshmukh (Practicing Advocate)     15 September 2010

If her income and current standard of living is above her husband then, definately she won't be granted any maintainance. No need of any citation, just prove it.

1 Like

aflatoon dash (health)     15 September 2010

the question is what about the alimony.Will she get  alimony  ???

Adv Archana Deshmukh (Practicing Advocate)     15 September 2010

The above reply means the same. In the above mention situation she won't get any maintainance / alimony.

1 Like

(Guest)

agree with adv archana . just need to prove it. rather husband can also  file u/s 24 for maintenance

N.K.Assumi (Advocate)     15 September 2010

Concurred with Archana. By mistake I have answered this query in J & K and the North Easr posting. The Law on this score is very claer that "the wife unable to maintain hersel is a condition precedent to granting maintenance to her. But for instance if she is old and earning as a labourer for survival she can claim maintenance from her husband. The rest i concurred with Adv.Archana.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 September 2010

QUESTION IS : (in the following stituation)


Ex-WIFE :  Working & earning more than sufficient to maintain status
year 2002  =  Divorce granted with no order to alimony / Maint
year 2010  =  Getting physically injured rendering her incapable from earning anymore.
Year 2010 =  Still remains un-married.  Cannot maintain her status.  Files for maintainence


Can wife file for maintainence from her ex-husband AFTER 8 years of divorce
If  "YES",  on what grounds and justifications
If  "NO",  on what grounds and justifications will her plea be rejected.
(specially so since there is no time-bar-limit prescribed under the Act)

 

Keep Smiling .... Hemant Agarwal

Renuka Gupta ( Gender Researcher )     16 September 2010

Assumiji, please check. Wives do not have to be labourers to claim maintenance. Look into Archana ji's reply again and what she has said about what is mean by maintaining herself and why in this case she would not be eligible for maintenance. So please do not give the impression to non legal people like us, who all the same keep abreast of the judgments, that wives should be doing menial labour to prove that they are eligible for making their claims for maintenance. 

1 Like

Arup (UNEMPLOYED)     16 September 2010

Maintenance > Family Law > WHAT IS THE REASON, LOGIC, BEHIND THE MAINTENANCE POLICY?

please go to above threads, you will get all most full information you required. check mr rb 's query.

Arup (UNEMPLOYED)     16 September 2010

wheather a working wife will get alimoney or not depends upon the circumstances which is variable, and change time to time. you will get the guidence on that thread.

Kiran (Consultant)     16 September 2010

I agree with Mr Arup. In my case my wife is working in Public sector bank and I am working in a Software company. My wife is earning much less when compared to me, but she was denied maintenance.

The reason is that in the Maintenance petition she claimed that she is Jobless and she claimed 40% of my salary as Maintenance. But after establishing that she is working in a Goverment Bank, then the Maintenance is totally denied.


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