Legal Question in Family Law in India
very urgent please help
my maintainance hearing has taken place and is on hold for few days ....i am very well qualified person but dont work actually as have 1 yr old baby but my husband claims i am capable of earning as i am eduacted and capable of working and have many expereince before marriage so i am not entittled for maintainance can u suggest me few order which can prove i can get maintainance even if i am capable of working but dont need to work as its own personal choice to work or not
3 Answers from Attorneys
Re: very urgent please help
Even if you are working, you can claim and entitle for maintenance. Engage a good lawyer and get everthing not only maintenance but also all the expenditure for you, your baby and litigation charges etc.
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Re: very urgent please help
You are entitled to maintenance as per "standard of living" of your husband at the time of separation.
Your "capacity or eligibility to work" is not the issue. Since you are having a one year old baby, caring for the child may be a full time job.
Re: very urgent please help
In law your present status is important and if you are unemployed you are eligible for maintenance. If employed and earning your status at husband's place will be considered and proportionate maintenance will be awarded.Moreover he is liable for maintaining the child.