Legal Question in Family Law in India

Maintance clarification private sector jobs
I am working in private sector job,I am paying maintance to my wife on monthly basis(my wife also working in private sector job). You know the private sector jobs in current indian situation if i loose my job how should i pay the maintance(i don't have any private property) if she claim again for maintance in the court. what type of judgement i can expect please let me know.

Court will wait until i get the New job?????

Asked on 12/30/08, 10:11 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Maintance clarification private sector jobs

An order of maintenance may be altered by the court on request of either of the spouses after change in situation.

If you are not in job, and your wife is employed earning sufficiently to maintain herself, you may file an application for amendment in the maintenance order on the basis of changed situation about your income. If you are unemployed, you may be eligible to claim maintenance from your wife, if her income is sufficient to maintain a family, in terms of Section 125 of Cr. P. C..

Answered on 12/31/08, 7:49 am

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Prof.Somnath Mukherjee s.mukherjee associates,09874053359

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Re: Maintance clarification private sector jobs

If your wife is a working lady she cannot claim maintenance.If you iose your job you can pray before the court u/s127 Cr.P.C for considering your situation. Moreover if your wife is earning at that time you can claim maintenance u/s24 of Hindu Marriage Act.

Answered on 12/31/08, 12:00 pm

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