Legal Question in Family Law in India
maintanance
i hv been married 4 yrs back& my maintanance proceeding u/s 24 is going on from the last 2 yrs.i was working before my marriage,earning 10,000 p.m. i left my job after 3-4 months of my marriage as my in laws forced me to do so. i hv a baby girl 2 1/2 yrs old & living at my parents place.my husband is earning more than 90,000 p.m which i hv proved in court but he is showing only 30,000 in salary slip.i was income tax assesse before marriage (tax paid was nil)& haven't filed any return after marriage. i m not working right now&given an affidavit&bank records regarding this in court. husband is nt giving even a single penny to us.also he is saying that i am working &nt showing my actual salary. due to financial problem if i start earning again Will i be maintainable?Will court consider my IT returns before marriage? if i manage to earn around 10,000p.m which is nt sufficient for me & my child Can i get maintance on the basis of getting same standard of living as my husband ?If my petition get dismissed on the basis that i hv started earning now, can i again claim for maintance for having same standand of living for me &my daughter?what case under what sec i need to file then?is my husband liable to provide home to us under this sec?
2 Answers from Attorneys
Re: maintanance
contact a local sr advocate. you can get maintenance proportionately and your child can get maintenance from her father. File case under Domestic violence act for getting home.
Re: maintanance
You may continue with your present application; the law of "same standard of living" at the time of separation is applicable to you as well. By re-starting working and earning a small amount of ten thousand per month, you will not be disentitled to maintenance on 'same standard of living' principle. More particularly when you are raising an infant baby, you should be entitled to adequate maintenance. Even if he admits 30,000/- p.m. as his income, you are entitled to get interim maintenance pending final adjudication.
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