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priyanka (House wife)     07 October 2014

Maintenance to wife

Hello Friends

 

Wife can get  maintenance in the following situation? kindly provide supreme court and high court judgement

If wife is double qualified and he does not have job in currently, but working couple of months after marriage and left the job because husband relocated to USA

 

can you pls suggest me how i can get maintenance? I am really genuine but currently no income and dependent of retired parents 

 

pls suggest or share High court and suprme court orders



Learning

 9 Replies

Adv. Chandrasekhar (Advocate)     07 October 2014

Why are you putting the cart before horse madam?  You file the petition and on affidavit say that you are unemployed and show that much he is earning and seek 1/3rd of that amount as maitenance. If you are not in a position to inform the court about his income, request the court to direct him to reveal his earnings through documentary proof.  There are a number of judgments under Section 125 cr.p.c., domestic violence case and Section 24 Hindu Marriage Act.  But the stage has not come to cite those cases right now.  Your parents are retired or not, they are not liable to provide succor to you after your marriage.  By the way, while preparing the petition, I request you to go through "puneet Kaur Vs. Inderjit Sahney" judgment delivered by Delhi High Court (You google it and you can get it), which will help you to prepare petition and not to miss a single thing to put effective petition.

Adv. Chandrasekhar (Advocate)     07 October 2014

Why are you putting the cart before horse madam?  You file the petition and on affidavit say that you are unemployed and show that much he is earning and seek 1/3rd of that amount as maitenance. If you are not in a position to inform the court about his income, request the court to direct him to reveal his earnings through documentary proof.  There are a number of judgments under Section 125 cr.p.c., domestic violence case and Section 24 Hindu Marriage Act.  But the stage has not come to cite those cases right now.  Your parents are retired or not, they are not liable to provide succor to you after your marriage.  By the way, while preparing the petition, I request you to go through "puneet Kaur Vs. Inderjit Sahney" judgment delivered by Delhi High Court (You google it and you can get it), which will help you to prepare petition and not to miss a single thing to put effective petition.

fighting back (exec)     08 October 2014

Why are you putting the cart before horse madam?  You file the petition and on affidavit say that you are unemployed and show that much he is earning and seek 1/3rd of that amount as maitenance.

wow mr chandrashekar....pls have some shame, please follow bare ethics, this author herself is claiming to be highly qualified, was working, and yet you say, why are you putting the cart before the horse?

there are numerous judgements which have denied maintainence to able bodied and qualified wives, and yet here you advise, lawyers like you are contibuting to huge number of fake maintainence cases. 


(Guest)

Find a job.  Have self-respect.  Dont sit idle.  Work and earn, getting married does not qualify you to beg. What did you marry for?  Begging?  You were not able to adjust with husband, you dont want husband, but want husbands money?  In your case, husband is not working, dont have income, so what will you do?  Forget law etc, think, would it look good to ask money from husband when he is not in a position to pay you money for maintenance?  on the contrary, you should provide husband with money as he is not working.  Find a job, earn money, pay some to husband also, that will make you a good wife.

Adv. Chandrasekhar (Advocate)     08 October 2014

@Ms. Priyanka,  In Vinny Parmvir Parmar Vs. Parmvir Parmar AIR 2011 SC 2748 Supreme Court held that the wife is entitled to maintenance even she is well qualified but has not been working at the time of filing the petition.  In Delhi High Court judgment "Ashwani Mehta Vs. Vibha Mehta" I (2012)DMC 500, the Division Bench granted to the wife that an amount of Rs.1.50 lakhs per month as maintenance, even though she has 1000 Sq. Yards of plot in Faridabad and Opel Astro Car and also she is an active partner of Hotel Marina and has shares to the tune of 8 per cent profit.  Here also she is well qualified.  Recently,  Delhi High Court in Indira Sonti Vs. Suryanarayana Sonti (II - 2013)DMC 71, granted the maintenance to the wife to the tune of USD500 per month out of husband's monthly salary of USD5000.  But as the wife later on remarried, she got this amount till the date of her remarriage.  In Section 125 Cr.P.C. maintenance case, wife's educational qualifications, and her working status in the earlier period are not the consideration and the Statute has not imposed such conditions to make wife disentitled to the maintenance.  At the time of filing the petition, if she is not working and husband is working and if she left the company of the husband for good reason, she is entitled to maintenance.  But, in domestic violence case, the considerations for granting maintenance are different and most of the litigants obfuscate the issues.  I hope the above cases will help you to seek the relief what you want.

1 Like

Soman (Dy Manager)     08 October 2014

It seems that the wife is qualified and she has no job at present, who left the job after marriage.

Though the husband is working in USA she is depending retired parents for daily life.

Now, what right do we have to bombard her with words like beggar, parasite and lower her morale?

As per law she is eligible for maintenance and Adv. Chandrasekhar has only pointed out that.

            I suffered because of my wife’s harsh decisions, but that does not mean that I could abuse all wives who ask for maintenance from husbands or guidance from this forum. Let us not typecast all females.

Ms Priyanka, just listen what the matured Adv. has advised you.

One doubt, even after separation of more than two years he has not filed for divorce! I think there is a chance of reunion. All the best.

priyanka (House wife)     08 October 2014

Thanks for reply

 

Sir i am double qualified from my husband but still my husband get four times double of my earning what i withdrawn from my last salary

I am ready to work, i am looking job daily, instead of begging with my husband i begged i front of my previous company MD to provide me job he he never replied 

I was working till Aug 2009, but i lost job because my husband relocated to USA and i have too leave the job....from Nov 2011 he is not providing support i started looking job, which i found in other state. but it was on contact of one year

My husband was wishing i should stay with him, so i left job in 2013 but latter he said i cannot keep you with me it is my mother house, you go anywhere it is not my concern

I have call recording to prove my statements

Again i am looking for job but i really helpless in finding job, i apply lot many application but i dont generally get job because there is break of 5yrs

Kindly suggest me ahead

Adv. Chandrasekhar (Advocate)     08 October 2014

@ Ms. Priyanka, While filing Section 125 cr.p.c. complaint, you should keep in mind to file all your job applications, e-mail correspondence and if you get regret/refusal letters  along with the application to prove that you are not indolent as is usually alleged by the opposite party. 

gopal (Faculty)     08 October 2014

hi mam

i have seen your story very sad. 

at present where are you now

Pls tel your qualification and experence

if i know any openings i can inform you

in this forum i had seen that even a earning wife can ask maintanece

so better consult a lawyer

regards

 

 

 

 

 

 

 


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