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husband refusing to give maintenance to working wife
01-May-2023 (In Divorce Law)
I want to get divorce from my wife. We have been married for 7 years now and we do not have a child. She is earning a living by working and can support herself. Still she is asking for maintenance. How can i avoid that. Please also advice me on that.
Under Hindu Marriage Act or Under Cr. P.C Section 125 wife cannot be entitled to an interim or permanent maintenance if she is a working lady. The provisions under the Act are to ensure the wife does not live a life of destitute; she has to have a respectable income to support herself. Therefore, in case if she is a working lady then please ensure the following, Collect documentary evidences like bank details, place of work etc., which proves that she is a working lady; Alternatively, under Hindu Marriage Act, a husband can also demand for maintenance; Before approaching a lawyer in Delhi, please have all the evidences beforehand wherein she is earning so that you may avoid maintenance; You MUST attach all the documentary proofs/evidences of her earnings to avoid maintenance.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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