Legal Question in Family Law in India
i have file a DV case and 125 crpc in mumbai family court.
i have been working in degree college on contract basis and was earning 4500 pm. my husband is earning 180000pm as he is CA.
i had to leave job as i was unable to work bcoz of my in laws' torture. now after one year i m out of depression and recently got one teaching assignment in degree college on contract basis for 15000 p.m. i want to engage my mine in creative work otherwise i will bcome mad
i have already said to court that i m not working now if i work will court give me maintenance?
what will happen if i will be caught teaching? will court punish me?
if a girl is highly educated does it mean she is not eligible for maintenance? is it sin to study hard ? even if i m not earning as per my qualification i will have to forget maintenance ? i spent my life in studies and then bearing all torture and now the same thing is used as weapon against me
plz guide me and give me practical solution
3 Answers from Attorneys
a) Your earnings may be adjusted towards the maintenance amount you are found entitled by the court; e.g. if the court finds you should be get Rs.45,000/- p.m. and you are earning Rs.15,000/- p.m., you may still be awarded Rs.30,000/- as maintenance amount payable by your husband;
b) You should NOT create a situation where you are "caught"; rather you should inform the court of the change in situation and your current salary;
c) The 'high education' of a girl does NOT disentitle her for maintenance; she is still entitled to maintenance on the basis of her husband's "standard of living" at the time of separation.
You have a good case. Nothing to worry. Wish you good luck !!
already replied that you are still eligible to get proportionate maintenance
I agree with Mr Goel.
You are entitled to maintenance to have the same standard of living you enjoyed in your matrimonial house with your husband. You are entitled to maintenance as long as you are earning lesser than your husband.
There is a judgment of the Bombay High Court which says that if separation from your husband forced you to work then you are entitled to maintenance from your husband to enjoy the same status of life you enjoyed while with him. Email me at [email protected] if you require this judgment.
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