Querist :
Anonymous
(Querist) 21 January 2010
This query is : Resolved
can a wife who has filed a suit for divorce after complaint u/s 498a which is pending in the court,claim for maintenance if the 498a is decided in husband,s favour or for alimony?
Guest
(Expert) 21 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE MOBILE. 09271971251,
REGARDING THE MATTER KINDLY NOTE THAT 1.A MARRIED WOMAN IS ENTITLED FOR MAINTAINENCE FROM HUSBAND FOR FOOD ,FINANCE AND SHELTER.EVEN AFTER DIVORCE MAINTAINENCE AMOUNT SHOULD BE PAID TO WIFE TILL SHE SURVIVES OR REMARRIES.
RELEVENT SECTIONS ARE AS UNDER. 1.SECTION 125 OF CRPC. 2.SECTION 24 OF HINDU MARRIAGE ACT 3.SECTION 18 HINDU ADOPTIONS AND MAINT ACT. 4.SECTION 12AND OTHER SECTIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS. WITH BEST REGARDS TO ALL. THANKING YOU YOURS SINCERELY NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Sachin Bhatia
(Expert) 21 January 2010
Yes the wife can seek maintenance, the situation will be diffrent if the wife is earning a handsome salary.
Sukhija
(Expert) 22 January 2010
I agree with Sachin Bhatia.
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