Legal Question in Family Law in India
My son got married on 7/7/14 in Delhi. As my daughter-in-law was suffering from clinical depression, which was not disclosed to us before marriage. Moreover the marriage was not consummated & therefore under sect 12 SUBSECTION(1) & CLAUSE (B &C) of HINDU MARRIAGE ACT WE HAD FILED FOR ANULMENT on 30/9/14.
Now on 27/1/15 she has resigned from her job & she is not working right now. She has moved her application u/s 24 HMA for grant of interim maintenance pendete lite and litigation expenses.
Since she has left her job intentionally, can the maintenance be avoided?
2 Answers from Attorneys
in your situation, once the wife was working and she intentionally left the job, there is a probability that she is denied maintenance as she is capable of earning. It is to be seen what her earnings were. however, you saying that she is having psychological disorder. In this situation, her leaving the job could be justified.
Adv. Rajiv
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