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Child maintenance while earning more than husband


26-Jun-2023 (In Divorce Law)
Me and my husband are not staying together from last 1 year and we have a daughter of 1.7 years. I am earning more than my husband(5 times). Can I get my child maintenance from my husband as he is not supporting me financially at all?
Answers (4)

Answer #1
779 votes
Hello Madam,

As mentioned in your question that you earnings are much more than your husband- in that case for your daughter yes you can seek maintenance from him as he had the responsibility of maintaining you & daughter
For further discussion please feel free to contact
Thanks
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Answer #2
769 votes
Greetings for the day,
In this situation wherein you and your husband are living separately and you want the custody of your daughter as you can provide her with a better life style, you must approach the family court seeking custody of your daughter.
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Answer #3
948 votes
Hello Ma'am
Under section 125 of C.R.P.C , a wife can claim maintenance if she is not able to maintain herself but as it's evident that you are earning way more than your husband then it's difficult to get maintenance for yourself. However, if your child is in your custody then you can claim maintenance for the child under section 125 C.R.P.C.
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Answer #4
708 votes
Yes you can claim the maintenance amount from your husband because its the settle law that the maintenance of a child is the responsibility of both the parents which can equally divided by both the parents. So you can claim from your husband for example if her maintenance is 2000 then 1000 has been paid by you and 1000 from her husband. If you have nay qurrey then feel free to contact me i will help you out. Thanks and regards advocate mohit saini punjab and haryana high court.
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