yes mr wrdrelative,
here is the answer.
I have few queries related to matrimonial law, esp. concerning maintenance (alimony) in few different situations.
Kindly answer point-wise, if you can
1) Is it correct that maintenance, if applicable (or legally entitled), is only given to a wife, after a divorce or a wife can get it without divorce too, if living away from husband (if she is legally entitled)?
No. u/s 125 crpc parents children also entitled.
2) If it is applicable only after divorce,
- No, before divorce also possible.
is husband legally ordered to be necessarily give the maintenance as decided by court
- yes, if ordered by the court – either you have to pay the maintenance or may appeal to the higher court.
or wife always has to file a case to get the same ?
- both the spouses entitled to get the maintenance, to get maintenance one has to claim before the court; if court satisfied – it will order.
3) Is the husband supposed to pay anything as maintenance, in case a wife is a govt employee and earning herself?
- her earnings will be taken into calculation for the maintenance.
4) In respect to query (3) above, is a adhoc(contractual) job will be considered equal to permanent job, as far as maintenance criteria is concerned, given that she is earning >15k/month?
- adhoc(contractual) job cannot be considered as a permanent job. Income of the adhoc job will be taken into account while calculating maintenance.
5) Is the maintenance (if legally valid) is different for wife and child? and what if there is no child?
- yes both wife and each child entitled separately. No child - no maintenance for it.
6) Is Proof of job of the wife (private or govt job) is the only proof required by husband to prevent himself from giving any kind of maintenance? If no, what other proofs can be valid? and how many are required?
- yes proof of job to be given who challenge the maintenance case. First claim; if she deny submit the proof at court. You have to proof, question of ‘how many’ does not arise.
7)Kindly provide some info on how much earning by wife is considered enough for she to be declared "self -dependent" and with no need to alimony?
It is depending upon the court. You have to convince the court.
8)MOST Important !
What effect property (special reference to land) in the name of husband has on maintenance, if wife is legally entitled to receive maintenance? Movable and immovable both?
Yes. Both will be taken into account for the calculation of maintenance.
9) If query (10) has some effect on maintenance, Can the husband transfer the same property to other family member (before any legal case has been filed or before divorce case been filed)?
- Yes.
Kindly share your experience.
I hope this thread will be very helpful to many question asker's around for a long time.
