An erning wife is entitled for maintenence or not

IF YOU ARE NOT DOING ANY JOB RIGHT NOW YOU CAN FILE A SUIT 125 CR PC AND TAKE IMMIDIATE RELIEF FOR IT

You can ask maintenance for your baby only inspite of earning for you.

As per 125 Cr.P.C If husband neglects or refuses to maintain wife and wife is unable to maintain herself then wife is entitled for maintenance. To know more please visit Advgyan Website.

yes, in your given facts, you should place application under section 125 of Cr.P.C.

Maintenance is often a heavy subject in almost all divorce cases as most of the women are, to some extent, are dependant on their spouse. Generally, this topic gets exploited by the partners, wives or husbands, in order to siphon some pressure on the other party.

Here, this woman was in a professional field, but now she has a kid, a job that she will now try to find with no security if she will get a job that can somehow fulfill her basic needs. We must keep in mind that there is a difference between “actually earning” and “capable to earn”. In Shalija & Ors. Vs. Khobbanna and Arun Vats Vs. Pallavi Sharama & Anr. , the hon’ble courts refused to reduce the maintenance amount because the mere qualifications without some sort convincing evidence to prove that the amount a woman earns, is sufficient enough to maintain herself.

But in this case, we have a woman, that has a kid and she still hasn’t found a job, and even if she does, the amount she will earn might not be sufficient enough for her, so raising the girl in a healthy environment with providing her with all the needs is more important.

The only reason the husband can refuse the wife her maintenance would be

• she either deserted him without any reason
• she earns way more and is well qualified with appropriate evidence
• the husband does not earn and is extremely poor

If, even after seperation, there is no way to meet the minimmum necessities, you can claim maintainance. Furthermore,, you can also claim maintainance for the baby boirn out of the wedlock. The provisions for the same has been laid down under Section 125 of the Cr.P.C. Cruelty being adequate ground to seperate onself from the matrimonial home, you can claim maintainance from your husband under section 125 of the Cr.P.C.

In a situation where you want to restart your carrier, Maintainance can still be claimed if you are unable to support yourself from your earnings. this stance was made overt in the Supreme Courts decision in the case of Bhagwan v. Kamla Devi (1975) 2 SCC 386 and Chaturbhuj v Sita Bai 2008. 

the amount of maintainance would be 1/4 th or 25% of the husband's net earnings as decided by the Supreme Court in the case of Dr. Kulbhushan Kumar vs. Raj Kumari ANR (1970) 3 SCC 129.

As per the Law if husband neglects or refuses to maintain wife and wife is unable to maintain herself then wife is entitled for maintenance. You can visit BNS Bare Act Website.

The courts consider various factors, including the financial status of both spouses, their respective needs, and the standard of living. An earning wife may still be entitled to maintenance if wife is unable to maintain herself. You can visit Bharatiya Nyaya Sanhita .