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Nazp   24 November 2020

Maintenance for earning wife if she wins dv case

If an earning wife wins the DV case, will she get maintenance?



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 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 November 2020

1. Wife entitled to Maintenance, Alimony & other compensations /settlements, PROVIDED the same is pleaded before the court via a proper application. Keep Smiling .... Hemant Agarwal VISIT: www.chshelpforum.com

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SHIVEK J.   05 January 2021

Greetings,

To answer your query, one can file a civil suit alongside a criminal one to claim damages for the act. 

Greetings,

To answer your query, one can file a civil suit alongside a criminal one to claim damages for the act and when it comes to maintenance, based on the judgements in cases like Bhagwan v. Kamla Devi and Chaturbhuj v Sita Bai, it is evident that she can claim maintenance even though she is earning.

The SC of India, in this regard, has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression ‘Unable to maintain herself’ does not require a wife to be absolute destitute before she can apply for maintenance, rather be unable to maintain her current standard of living.

Hope this helps you.

Regards

 


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