Sec 13
Querist :
Anonymous
(Querist) 21 January 2012
This query is : Resolved
If wife filed Sec-13 then Husband accept divorce.
then husband also responsible for maintenance it is compulsory, when wife is advocate highly educated & earn.
Sailesh Kumar Shah
(Expert) 21 January 2012
When she is able to maintain herself from her income, you would not be liable for maintenance.
Raj Kumar Makkad
(Expert) 21 January 2012
In the given case, there is no liability of husband to maintain his wife.
prabhakar singh
(Expert) 21 January 2012
If you can prove before the court that her earnings are more or less sufficient for her maintenance then the court shall not hold you liable.In case of consented divorce you should put this as a term in the compromise that she has no claim of maintenance of past or in present nor shall have any in future against you.
Guest
(Expert) 21 January 2012
yes i do agree with the above experts, maintenance is not applicable if the wife is a earning lady.
MANOJ KUMAR,
Advocate,
Delhi.
Ph: 0931 044 3650
ajay sethi
(Expert) 21 January 2012
agree with experts opinion
H. S. Thukral
(Expert) 21 January 2012
The opinion of the experts is correct under section 24 of the HMA but under section 25 while deciding permanent alimony and maintenance other factors like the income of the husband/ immovable properties/wealth etc. are also relevant.
Advocate Bhartesh goyal
(Expert) 21 January 2012
It is hardly matters that lady is highly educated and earn,material thing is that her earning is sufficient to maintain her or not.If not then she is entitled to get maintenance.
Raj Kumar Makkad
(Expert) 21 January 2012
Habhajan Singh ji! The query was not raised up to section 25 so no answer was given to that exrent.
Shonee Kapoor
(Expert) 23 January 2012
I think the query is about 25 only, if husband accepts divorce, then only 25 would come into picture and hence the answer of Harbhajan Singh is right.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 23 January 2012
"her earning is sufficient to maintain her or not" is deciding factor for wife's maintenance. SAME STANDARD OF LIVING is equally important.
Again , it should match with the Living Standard of husband. So it vary from Rs. 500 to Lakhs, depending upon husband's income and Living Style. If Advocate wife only earn 10k, and husband earn 10L, Wife is entitled to claim 2-3L pm.
