Maintenance of wife
Querist :
Anonymous
(Querist) 03 March 2011
This query is : Resolved
Sir,
Though we both are hindu, we were married by special marriage act u/s 13 of act 1954. My wife is a Govt. School Teacher and highly salaried. My question is is my wife eligible for maintenance or alumni. I have a girl child also
adv. rajeev ( rajoo )
(Expert) 03 March 2011
No> Your wife is not entittle to claim any maintenance from you, but your child can thru., your wife.
Kiran Kumar
(Expert) 03 March 2011
Maintenance of wife if duty of husband, even if the wife is earning the husband is duty bound to maintain her.
But if the husband is able to prove that the wife is having better/ sufficient/ ample means to maintain then she may not get the maintenance claim.
its all a matter of facts and circumstances of the case.
Legal Fighter
(Expert) 03 March 2011
both the spouses are duty bound to maintain each other u/s 24 of HMA. as she is already earning sufficiently, she is not entitled for the same until and unless, she maintained far better life-style while living with you. so your earnings are also important. Child's maintenance is duty of both and both are liable to maintain her in proportion to their earning capacities.
Kirti Kar Tripathi
(Expert) 03 March 2011
A husband is bound to maintain her wife and children under the law. The question of earnings of wife has also vital role in deciding the issue of her maintenance but it not a sole ground to deny her maintenance. I agree with Mr. Kiran that husband has to prove that the wife is having better/ sufficient/ ample means to maintain herself. But to your child, you can not escape from your liability .
Guest
(Expert) 03 March 2011
Although wife may be earning sufficiently to maintain herself, but matter becomes contentious when the question of maintenance of the girl child member of the family comes to the fore on moral grounds. But that of course depends upon the view taken by the competent court of law when matter comes before the honorable Court. But still, even if the honorable court agrees that the income of mother is sufficient to maintain the girl child also, the question of likely heavy expenditure would arise at the time of marriage of the girl.
However, what I believe, ethically the father should voluntarily contribute for the maintenance and marriage of the girl child, as a part of his moral duty.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
Advocate. Arunagiri
(Expert) 04 March 2011
If the wife is earning more than the husband, the wife can not claim maintenance.
The child can claim maintenance.
