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Can a working woman claim maintenance for child if wife is working ?


04-Oct-2024 (In Divorce Law)
My question is 1. I am not working now and I am searching job. So. will I get baby support from.him as he is earning pretty good.. (40 lacs per annum) . 2. Can I ask. him to pay one time for baby's education purpose ?? 3. Can I ask him to buy a decent 2bhk flat for me and the baby? I don't need any alimony for me as I will do job. But why would the boy suffer??, can working wife claim maintenance for child ?
Answers (4)

Answer #1
445 votes
If the wife is employed, both parents are legally responsible for the child's maintenance .In India, both parents are legally required to support their children, regardless of whether the mother is working. So yes, even if a wife is employed, she can still claim maintenance for her children. The court considers both parents? incomes and the child's needs to decide how much the father should contribute. This is backed by laws like Section 125 of the CrPC and the Hindu Marriage Act. The bottom line? A working mom doesn't cancel out the dad's duty parenting (and paying) is a joint deal.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
570 votes
Under Section 20 of the Hindu Adoption and Maintenance Act, 1956 both parents have an obligation to maintain their children, regardless of the mother's employment status. Therefore, if a wife is working, she is still liable to contribute towards the maintenance of her child as per court orders. The court will consider the financial status and earning capacity of both parents while deciding on the amount of maintenance. The amount of maintenance may be modified if there is a change in circumstances warranting so. In any case, the welfare and needs of the child will be of utmost importance while determining the maintenance amount. The court can order the husband to provide suitable accommodation for the wife and child, but it depends on various factors such as the financial status of the husband, the standard of living enjoyed by the family during marriage, and the needs of the child. It will be worthwhile for you to know that alimony and child support are different, and the wife can ask for both in case of divorce.
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Answer #3
576 votes
whether wife is actually working or actually earning are 2 different aspects, solely on this aspects a husband cannot deny maintenance to both child and wife. Yes detailed discussion is important to ascertain how it can be done. The flat and the money can be taken in the name of the child.
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Advocate Aveek Bose

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Answer #4
671 votes
Answer No.1 as you say that presently you are not a working lady therefore, both of you and your baby are entitle to get maintenance from your husband. 2 One time settlement will be raise when the Divorce Suit is pending for disposal with Mutual Consent, otherwise, why he spend such amount in one time and why Court can grant this, only you can get Expenses and maintenance for your baby but not a large amount for his life from his father. 3 you can ask for Residence under DV Act.
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Advocate Sanjoy Acharjee

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How much maintenance to husband for minor child if both parents earing 47k and govt teachers

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