maintenance of wife if she employee
BAKBABU
(Querist) 02 June 2014
This query is : Resolved
Ptr is employee and kept with parents...can she file MC against husband...court can consider it or not
Devajyoti Barman
(Expert) 02 June 2014
she can file and husband can not prove her employment then maintenance order will be passed in her favour.
Rajendra K Goyal
(Expert) 02 June 2014
Please state facts in clear language and not in SMS language.
BAKBABU
(Querist) 02 June 2014
Wife and husband are teachers. Theirmarriage took place at petitioners house in the year 2011.at the time of marriage petitioners parents gave 4 lakhs as dowry. After that she joined with her husband. From the right beggining the husband quarrel with wife and beat her indiscriminately without any reason. Lastly he was deserted his wife about 8 months back and he did not take back. Several mediations were done but he did not change his attitude. No other go she is ready to file MC and 498A...then the question is MC is maintainble or not in the eye of law. Why because she get 15000 per month.
Laxmi Kant Joshi
(Expert) 02 June 2014
What about the salary of husband if it is a big difference in between both the salaries , hence the living standard or the status of living of the wife is sub standard as it was before dispute then she the wife can get the maintenance for herself .
Devajyoti Barman
(Expert) 03 June 2014
If wife is teacher and earns almost at par with her husband then she is not entitled to maintenance.
ajay sethi
(Expert) 03 June 2014
since wife is earning a decent salary she wont be entitled to maintenance
Shonee Kapoor
(Expert) 03 June 2014
If the earnings are sufficient for the upkeep and maintenance of the wife, then no maintenance would be granted to the wife.
When it comes to maintainability of the petition, it has been admitted and if she can show reasonable cause why she should be granted maintenance, it would be maintainable in court.
Regards,
Shonee Kapoor
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T. Kalaiselvan, Advocate
(Expert) 04 June 2014
As both are teachers and drawing almost the same salary, the wife may not be entitled for maintenance but she can file any other case namely DV or 498a etc. Dowry: giving or taking is an offence.
