Legal Question in Family Law in India
I want to ask about maintainence. I was married in feb 09 and used to be working until july 08. I was working in a MNc and drawing a salary of 65000 per month. Now my husband and inlaws have ill treated me and sent me back to my parents house. I want to know if I can get maintainence from my husband? Can my husband be exempt from paying maintainence on the gounds that I can work and capable of earning? Actually the mental trauma from ill treatment of husband and in laws has been so much that I am not able to concentrate on work. I want a break for some time till I can get over this trauma and find the mental strength to face people and society. What are the chances that I will be able to get a the maintainence. how much will be the maintainence?
4 Answers from Attorneys
You are entitled for maintenance if your not earning. If your are earning you are not entitle for maintenance. You can get maintenance unless until you are unemployed. You can get maintenance as per your living habits and also earning capacity of your husband.
M.P. SANJAY
Advocate
the maintenance would depend upon the earning capacity of your husband. in case he is earning much more than you, in that situation, you are entitled to maintenance on pro rata basis. even if you leave the job, your earning capacity would well be presumed by the court and leaving a job would be of no benefit to you. is there any child?
You are entitled to maintenance from your husband as per his standard of living at the time of separation.
yes if you are presently not working you can apply for maintenance.
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In the mateer of conssent divorce ,maintaince get or not Asked 12/05/09, 7:28 am in India Family Law, Divorce, Child Custody and Adoption
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