Maintainence claim by working wife

Querist : Anonymous (Querist) 03 August 2011 This query is : Resolved
Wife is working as gazetted govt officer and earns @ Rs 50k per month and is staying in 3 bedroom flat allocated by govt to her (till separation, husband was also staying with her there). Plus she is entitled to medical care under CGHS scheme. Couple has one child. Husband earns gross income of Rs 2lacs per month, but has to pay taxes, rental and look after old, retired parents. How much maintainence can wife claim for herself and child? While determining the maintainence, will court consider that she is herself earning well and has full free medical facilities? Wife is claiming family car also, which is in name of Mother in law.Please advise.

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Advocate Rajkumarlaxman (Expert) 03 August 2011
She has to be given maintenance but for deciding maintenence the fact that she is working is also considered by the court and the lawyer has to point out all this. Court will consider her service also. attach all the relevant documents.

According to the position of the husband and the status the maintenance is awarded by the court.

Advocate Rajkumarlaxman (Expert) 03 August 2011
specific claiming of the car wont work out but you have to show that her claim is not sustainable in the eye of law.

ajay sethi (Expert) 03 August 2011
1) wife is earning substantail maount per month . you have stated that you have one child too .
2) while awarding maintenance court takes into account various factors . the fact that your wife is earning around 50 ,000 a month and has govt accomodation will be a factor weighing in mind of the court in awarding maintenance

3)the expenditure incurred towards your child schooling will be taken into account by court.your wife may make any claim but maintenance amount is decided by court
4) she cannot be entitiled to family car which does not belong to you .

H. S. Thukral (Expert) 03 August 2011
Under Section 24 HMA she is not entitled to interim maintenance in the given circumstances.

Querist : Anonymous (Querist) 03 August 2011
Thank you very much to everybody for your responses. Very heartening.

Querist : Anonymous (Querist) 03 August 2011
Thank you for responses

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