Questions

Can wife claim maintenance if she is working?

Can wife claim maintenance if she is working?

Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. …

Do earning wives have the right to maintenance?

Yes, if men cannot support themselves financially, they can claim maintenance from their wives who are financially well-off and earning more than them. This can be done under Section 24 of the Hindu Marriage Act, 1955, which mentions both husbands and wives as liable to making such a claim.

In which situation wife is not entitled for maintenance?

adultery
If you are a woman and have been divorced by your husband or you have obtained divorce from your husband, you are entitled to maintenance. However, a wife cannot claim maintenance in case she is living in adultery or she without any sufficient reason refuses to live with her husband.

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Can a working woman ask for alimony?

Yes, working wives can claim maintenance. According to the courts, even if the wife is employed, she is entitled to the same status and standard of living which she used to enjoy at her matrimonial home. The alimony from her husband can provide her some solace.

How does maintenance work in a divorce?

What is Maintenance? Divorce Maintenance (formerly known as Alimony) is financial support that the court orders a spouse to pay when the other spouse needs financial help. Maintenance is usually paid to the spouse monthly for a certain length of time or permanently. Maintenance is also referred to as Spousal Support.

How much maintenance can a wife claim?

The Supreme Court has set a bench of 25\% of the husband’s net salary to be paid as alimony to the estranged wife. The Court said 25\% is a “just and proper” amount for alimony as husband might have to take care of the needs of his family, if he has remarried.

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How can a wife claim maintenance from her husband?

Under Section 36, a Christian wife can claim interim maintenance. The Court can direct the husband to bear the expenses of the proceedings and provide such alimony pending the suit as it deems just.

How long do I have to pay maintenance to my ex wife?

Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties’ life (known as a “joint lives order”). Spousal maintenance ends if the recipient remarries or if either party dies.