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Can a working woman claim maintenance from husband for child education
06-Oct-2023 (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??
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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Adv. Sudershani Ray
Delhi | 200+ Answers
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Can working wife claim alimony?
Over the years, there have been many changes to the statutory provisions relating to maintenance and alimony. In India, working women are entitled to receive alimony after divorce, depending on their living conditions, lifestyles, social status and positions in the society.
Is husband liable to maintain children even if wife is earning?
Sitabai, (2008). The Family Court then noted that, even if a wife has earned a small amount of income following desertion it cannot be used as a basis to refuse her maintenance because she is self-sufficient in earning her livelihood. 22-Oct-2023
Can wife claim maintenance even if she is earning money?
It was believed that working women were not entitled to maintenance if they earn enough money to support themselves. It is now clear that she can receive maintenance even if she earns money. 09-Feb-2023
Does the husband have to pay child support if the woman is earning?
If the wife works and makes her living, the difference between the incomes of husband and wife will be considered. If the difference between the earnings of the husband and wife is significant, the divorced spouse will receive alimony.
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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Adv. Aveek Bose
Kolkata | 500+ Answers
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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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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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According to Section 20 of Hindu Adoption and Maintenance Act 1956, both parents are responsible for the maintenance of their children regardless of whether the mother is employed. If a woman is employed, she must still contribute to the upkeep of her child, as ordered by the court.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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