Legal Question in Family Law in India
claim of maintainance for herself and the child
if a women having a 2years child and she is educated not doing any job right now but have her profile in doing job previously earning 13000 per month can claim maintainance for herself and her child from her husband after filing divorce.
4 Answers from Attorneys
Re: claim of maintainance for herself and the child
yes if she is unable to maintain her self an no source of income she can claim maintainence
Re: claim of maintainance for herself and the child
Yes you can for yourself and your child.
Re: claim of maintainance for herself and the child
If she doesnt have any source of income she is entitled to claim the maintenance.
Re: claim of maintainance for herself and the child
The current employability as per her resume OR previous employment of the wife is NO GROUND to deny her maintenance under Section 24 of the Hindu Marriage Act
Moreover, even if she is employed, she is entitled to maintenance for the child.
3rdly, the maintenace amount depends upon income of the husband; if the husband is say earning Rs.60,000/- per month, and the wife is earning say
Rs.15,000/- per month, she is still entitled to maintenance out of husband's income BECAUSE she is entitled to live as per the "standard of living" of the husband being maintained by him immediately preceding the date of separation.
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