Legal Question in Family Law in India

If you are sure you want to rejoin him, you could contest divorce on the grounds that you wish to stay with him. You will get residence orders even if you are a working woman. But if you earn more than your husband that residence may be under consideration.

The above was response from law experts from this group.

"But if you earn more than your husband that residence may be under consideration.". Here my doubt is waht is residence may be under consideration.


Asked on 7/29/11, 4:54 am

1 Answer from Attorneys

Aileen Marques Independent

For maintenance the salary of the husband is considered and if the wife is earning then the salary of the wife is compared to the salary of the husband and maintenance is decided.

Under DV you have a right to reside in your shared household. However your husband may show willingness to provide alternate accomodation.

Incase you earn more than your husband then you may be denied alternate accomodation. It depends a lot on the courts.

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Answered on 7/29/11, 5:02 am


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