Hello… since both you and your husband earns approximately the same no one is under any legal obligations to maintain the other. However the child being joint responsibility of both the parents is entitled to be maintained by both.. so
you can ask for maintenance of your child
..
Can wife maintenance without divorce?
yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment
. you can too file a complaint under the domestic violence act for payment of maintenance.
Can a working wife get alimony in India?
A working woman is eligible to get alimony depending on her income and living conditions
. So, even if the woman is working and there is a substantial difference between her and her husband's net worth, she will still be granted alimony to provide for the same living standards as her husband's.
How much maximum amount can a wife claim as maintenance?
The spouse with less income or no income can get a maintenance amount which is equal to
20% to 30% of the total monthly income of the other
. As per the judgment passed by the Supreme Court, alimony amount should not exceed 25% of the husband's income. The aforesaid limit is applicable in case of monthly payout.
Can working wife claim maintenance for child?
Legally you cannot claim maintenance if you are employed
. If you are not employed then it becomes his duty to maintain family and the expenses thereon.
Is it compulsory to pay maintenance to 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. The section 125 states the wife asking for maintenance can be of any age—minor or major.
It is mandatory for her to be a legally married woman
.
How can I avoid paying maintenance for my wife?
- you can file petition for restitution of conjugal rights but you cannot force your wife to stay with you . …
- if order of maintenance is passed against you and you are aggrieved you can go in appeal against the said order before sessions court . …
- even if you take personal loans your maintenance wont be reduced .
How much money should a husband give his wife after divorce?
The alimony can be provided as a periodical or monthly payment, or as a one-time payment in the form of a lump-sum amount. If the alimony is being paid on a monthly basis, the Supreme Court of India has set
25% of the husband's net monthly salary
as the benchmark amount that should be granted to the wife.
What is a non working spouse entitled to in a divorce?
What is a non-working spouse entitled to in a divorce? A non-working spouse is entitled to
receive alimony payments from their ex-spouse and can acquire up to 50 percent of property
. However, this depends largely on whether they are voluntarily or involuntarily unemployed.
Can husband ask for maintenance from wife?
Under Section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim Maintenance from his wife if his wife can afford to do so. Section 25 allows permanent alimony and Maintenance to the husband.
What happens if my husband Cannot pay maintenance?
In cases where husband fails to pay maintenance, one may
file execution proceedings
. When there is no adherence to that, there could be non bailable warrant issued in name of husband. His property could be attached, in order to recover the amount, as and when issued by court.
Is working wife entitled to husband's salary?
The wife is entitled to 1/3rd of husband's gross income as maintenance if there is no other dependent member
, according to a ruling by the Delhi high court. The wife is entitled to 1/3rd of husband's gross income as maintenance if there is no other dependent member, according to a ruling by the Delhi high court.
How do I prove my wife is working in a maintenance case?
You can
file the copy of the ITR , and also take out her account statements
. You can file an RTI for the same if you the school in which she is working. If she is denying in the court that she is working as a govt.
Can wife claim husband's property?
Wife's Rights on Husband's Property in India
A wife is entitled to inherit an equal share of her husband's property
. However, if the husband has excluded her from his property through a will, she does not have a right to her husband's property. Moreover, a wife has a right to her husband's ancestral property.
Who are eligible for maintenance?
According to Section 125(1), the following persons can claim and get maintenance:
Wife from his husband, Legitimate or illegitimate minor child from his father, Legitimate or illegitimate minor child (physical or mental abnormality) from his father
, and.
Who is entitled to claim maintenance?
In case one claims maintenance in the capacity of wife, she must be unable to maintain herself. In case of claim of maintenance in the capacity of a child, legitimate or illegitimate minor children, whether married or not, they can claim maintenance, if they are unable to maintain themselves.
Can wife be denied maintenance?
Earning wife
Whether the deserted wife was unable to maintain herself, has to be decided on the basis of the material placed on record.
Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.
What happens if maintenance is not paid in India?
It therefore appears that the maximum period for which a person against whom the realisation of arrears of maintenance amount is due, has been taken into custody can be for a period of one month and not beyond that and it can be less than one month if the payment is made prior to the completion of one month in custody.
