Legal Question in Family Law in India
Dear lawyer
My question is if in case of domestic voilence ( wife is govt independent employee and husband is working in private firm) wife ask her husband to take herself to his inlws house and hsband wants divorce. he does not want to carry on this marriage. Can a wife be entitled for maintenance from her husband even if she is independently working as govt employee. kindly reply.
3 Answers from Attorneys
Yes she is entitled to get maintenance under the domestic violence act from the Husband .
in case she is earning almost the same or more, she is not entitled to maintenance. the maintenance is granted according to life style and earning capacity of the claimant.
If wife is in a position to maintain herself from her independent income, as per standard of living of the husband, she may not be entitled to claim maintenance.
However, she may be entitled to return of her 'istridhan' if the husband is not willing to live together.
The wife may also be entitled to live in the shared accommodation under DVA if she does not have any residence and is unable to afford one from her income.
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