Manish (Asst engineer) 24 December 2013

Maintenance

If wife is living seperate since 2008 and has not filed any case or claim for maintenance till date then: If she claims maintenance now the can she claim since 2008 or she gets from the day she files the claim? If wife is earning and doing a job, is she still eligible to get maintenance. No children.

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 December 2013

Dear Querist if she is earning and able to maintain herself then she is not entitle to get any maintenance. secondly if she filed any maintenance case then the court have power to pass an order for maintenance from the date of filing or from date of order

Laxmi Kant Joshi (Advocate ) 25 December 2013

if you have proof that she is doing job and can maintenance herself then submit it in the court , in this condition she will not entitle for any maintenance from you , 2. generally court passes the order for maintenance from the date of filing of petition .

Manish (Asst engineer) 25 December 2013

Ok.. Thanks... So court does not consider the difference in the income.... So if husband is earning more than wife so he will have to pay..

Manish (Asst engineer) 25 December 2013

Also is it possible in any case that the court ask to pay maintenance for all previous years also??

Adv Shrikiran.B (Advocate) 26 December 2013

No. If the petitioner was able to sustain the expenses herself and had enough resources to look after herself during these years, the court may not ask the respondent to pay maintenance for all previous years. Generally, court passes the maintenance order from the exact date of filing of maintenance petition .