Vany 25 October 2017
manoj 25 October 2017
you can ask maintenance for your daughter
manoj
advocate
8686159292
Jaspal singh (practicing lawyer) 25 October 2017
This is well settled law that earning wife is not entiteld for maintenance but this is also well settled law that minor daughter/son can claim the maintenance from the father and it is very much duty of the husband to pay the maintenance of minor child .
Regards
Jaspal S Maini(Adv)
9999987283
manoj 25 October 2017
as per your query you said you are a govt employee from government sector. It is not settled law when wife is earning she is not liable to ask maintenance. I am referring to a supreme court judgment it observed that the earning of wife cannot be a ground to stop her from claiming maintenance unless the earnings is insufficient. So in my opinion it is not a settled law for wife not to grant maintenance when she is earning. Though you are employeed in Government Sector if the earnings is not sufficient and your husband is earnings more enough you can claim maintenance for you and for your daughter. If you are wishing I will provide Judgment.
manoj
advocate
8686159292
Adv Radhika Mehta (Advocate) 27 October 2017
Whether or not you are eligible for maintenance depends upon a lot of factors, including but not limited to the disparity in both your incomes, the standard of living experienced while living under the same roof, etc. However, your daughter is liable to be maintained by your husband. He cannot shirk ghis duties and responsibilities towards your child.