Wife leaves job for dv interim maintenance

Hi Amar

Although she has quit the job, but she is capable of earning her livelihood, she should not be allowed to claim maintenance from you, and you have a strong point that she working for last 10 years and has good experience, so she has the full capability to earn the livelihood and hence should maintain herself. 

She can claim the right of residence in the house only if it is in your name or it is the ancestral property. If the house has been bought by your father from his self earned income then it is his self acquired property and she does not have right to residence in the self acquired property of her father in law. But if you have any share in the house she shall have the right to claim the residence. A simple concept is that whatever belongs to husband, that belongs to wife too. So if there is anything which belongs to you, your wife shall have right over it. For any other clarification write to me at mittaljets@gmail.com. No charges for the consultation.

Hi Jatin
Thanks for your response. I understand I can fight her maintenance claim with the argument that she is well qualified and had been working all this while and left the job only to extract maintenance. But as a basic legal question - does the court take into account her job status at the time of filing the petition or the current job status in order to decide interim maintenance?

Regards
Amar