Legal Question in Family Law in India
My husband lawyer said I am well educated & can get job easily and I am not entitled to get maintanence but due to this case [HMA 1955] I am unable to get job as I have to mention my case no: in Company's Interview form. Company rejects me in first round as they think Case effect on person's job's responsibility [dat i also understand].How can I defend myself in Case against Husband.
"I am graduate+ Nursery taining+Computer diploma"
Is this education would effect my right for maintanence.? I am job-less from past 1 year.My husband neither want to take me back due to his mother's influence on him nor he is ready to pay maintainence.Reconcillation have been failed now.I dont want to free him for second marriage.
Please help me,what should I do now.?
4 Answers from Attorneys
you may file the petition for maintenance and seek interim on the ground that dispite being qualified, you are not able to procure a suitable job for yourself. is there any child?
you may file the petition for maintenance and seek interim on the ground that despite being qualified, you are not able to procure a suitable job for yourself. is there any child?
You are entitled to maintenance as per "standard of living" of your husband at the time of separation. Your education and earning capacity is NOT relevant, on the contrary your present income, if any, may be considered by the court while deciding maintenance.