Can nri wife demand for alimony/maintenance?
Law Querier
(Querist) 23 April 2012
This query is : Resolved
An independent and earning Wife is residing in Canada since 8 years. She has working visa and Indian citizenship. She came to India to marry and She was living just 25 days with her husband in India and went back to Canada. After a year of marriage, she has filed a divorce case u/s. 13(1)(ia) in family court of India by POA to her father. A divorce case is contested by Husband. He doesn’t want to divorce. Husband has normal job in private company.
Can wife from Canada demand for alimony pendente lite or interim maintenance? If she can then how will court calculate the amount for alimony or maintenance for this case?
How RCR will be favorable for husband in this case?
Deepak Nair
(Expert) 23 April 2012
Since she is an earning woman in canada, she cannot claim any maintenance from the husband. Maintenance and alimony are meant for those women who are dependent on their husband's income.
ajay sethi
(Expert) 23 April 2012
if wife is earning well court may not award her maintenace .
Shonee Kapoor
(Expert) 23 April 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 23 April 2012
She is not entitled to claim since working and earning more than her husband.
Santosh Goswami,Advocate
(Expert) 24 April 2012
The wife is not entitled to get maintenance since she is earning.Even if the husband gets a RCR decree in his favour the court can't compel you to join him.E HAVE TO SEE WHY YOUR CASE IS DRAGGING ON FOR SO LONG AND ON AND WHAT ARE THE FACTS FOR CRUELTY.
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