Maintainance under Hindu marriage act
ABC.......
(Querist) 03 October 2009
This query is : Resolved
Wife is prof qualified and is earning but she is earning much less than her husband. Can she claim any maintainence or alimony from her husband in case of divorce. If yes, under which act and under which section/ case law. Please advise in detail.
Raj Kumar Makkad
(Expert) 04 October 2009
If the income of the wife is very less compared to her husband and insufficient to live life at par with the status enjoyed by her husband then she is entitled for the grant of maintenance allowance as well as permanent alimony under the same sections it is provided in general cases. additionally section 12 of DV act can also be enjoyed by wife.
Adinath@Avinash Patil
(Expert) 04 October 2009
1]If wife is earning less than her husband and insufficint to life at per with thte status of her husband then she is entitled for grant of maintenance allowance & also permanant alimony,under same Act, if she married after divorce she can't entitled maintenance.
2]she can also file civil suit for permanant maintenance under hindu adoption & maintenance Act.
Sarvesh Kumar Sharma Advocate
(Expert) 04 October 2009
geetika singhal ji,
yes offcourse yes,wife has lible to get maintenence for manitane the status like husband manitaning.
Anish goyal
(Expert) 04 October 2009
Maintenance is granted to bring the wife at par with that status as she was enjoying at her husbands home. If she is able to prove that her income is not sufficient enough to live in such condition but his husband is having the sufficient income then she can get the maintenance order
Sachin Bhatia
(Expert) 04 October 2009
If wife is earning less than her husband and her income is insufficient to life then she is entitled for grant of maintenance from her husband.
AEJAZ AHMED
(Expert) 04 October 2009
Dear Geetika,
Under Hindu Law, the wife has an absolute right to claim maintenance from her husband. But she loses her right if she deviates from the path of chastity. Her right to maintenance is codified in the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956). In assessing the amount of maintenance, the court takes into account various factors like position and liabilities of the husband. It also judges whether the wife is justified in living apart from husband. justifiable reasons are spelt out in the Act. Maintenance pendente lite (pending the suit) and even expenses of a matrimonial suit will be borne by either, husband or wife, if the either spouse has no independent income for his or her support.
Kindly Read this Article:
" Maintenance:Under Hindu, Muslim, Christian And Parsi"
Lawshttp://www.legalserviceindia.com/articles/hmcp.htm
And further kindly go through this Judgement of different High Court, which obseves that:
" It is a trite proposition of law that simply because the wife is earning,
her claim cannot be rejected inlimini. It has to be found out as to whether the
amount which she is earning is sufficient to meet her creature comforts; to keep
her body soul together; to keep the wolf from the door and to keep the pot
boiling. It is a common or garden principle under the Matrimonial Law that a
wife is entitled to live in commensurate with the status of her husband "
http://indiankanoon.org/doc/1342578/
http://indiankanoon.org/doc/9327/
Adinath@Avinash Patil
(Expert) 04 October 2009
case law for your case, you go through it you will get answer for your query-----
1]Hindu Marriage Act sect. 25-
Dismissal of Petition for Divorce by husband – order granting maintenance u/s 25 set aside there being remedy u/s 125 of Cr. p.c.or section 18 of Hindu Adoption and maintenance Act Relying on the supreme court judgment in
Chand Dhavan v/s Jawaharlal Dhavan.
1993[2] Maharashtra Law Journal 1731 [s.c.],
1993[3] SCC 406.
Sukhija
(Expert) 11 October 2009
rightly suggested by Expert Adinath
