Querist :
Anonymous
(Querist) 07 November 2009
This query is : Resolved
1 when a wife can claim a maintance 2 when that can be rejected??? 3 is maintaince can be claimed without divorce? 4 whether the concept of maintaince differ for a hindu or a muslim wife. 5 if husband and wife r living seprately with mutual consent can see claim maintance. 6 whats the difference between alimony and maintaince ?
Adv Archana Deshmukh
(Expert) 07 November 2009
When a wife is unable to maintain herself and the husband is neglecting to maintain her, she can claim maintainance. Maintainance is generally denied when the wife is earning sufficiently to maintain herself, or it is proved that she is living in adultry. Yes. maintainance can be claimed without divorce. If the husband and wife are living seperately by mutual concent then the wife cannot claim maint.
Sachin Bhatia
(Expert) 07 November 2009
1) When a wife is unable to maintain herself.
2) Yes that can be rejected if wife is earning enough to maintain herself.
3) Yes maintenance can be claimed without divorce.
4) Yes the concept of maintenance differ for a hindu or a muslim wife.
5) Yes wife can seek maintenance if husband and wife are living seprately with mutual consent, but she has to give a valid reason for living seperately.
6)They are the same thing.
adv. rajeev ( rajoo )
(Expert) 08 November 2009
Maintenance can be awarded when husban willfully neglects his wife to maintain. If the wife has got sufficient means of income to maintain herself and if she failed to prove that her husband willfully neglected her to maintain. Even after divorce wife can claim maintenance. Yes even in case of living seperately with consent with valid grounds Alimony means : money which a court orders a husband to pay regularly to his separated or divorced wife. One and the same.
Raj Kumar Makkad
(Expert) 08 November 2009
My opinion is also in consonance with all other experts because this is general law and no occasion to differ with.
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