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Can husband claim maintenance from wife if wife is earning more
04-Apr-2023 (In Divorce Law)
Sir/ madam, I got married on 2012 and have a 20 month old daughter. I am staying separated for last 1yr. Now I want divorce and as per law I will get the custody on kid. But here the question is that shall I have to give maintenance to my husband as Im earning more than him and he is eligible but doing nothing.
You being an independent earning lady itself is not a criterion for maintenance to husband. If he is in penury and unable to earn due to physical deformity, or he is unable to procure any money for his survival only then he can claim maintenance from wife. Also, it depends on the discretion of the court, your husband is required to prove that whether he is unable to survive or not.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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