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Does wife have to give maintenance to the husband if she's earning
28-Jan-2023 (In Divorce Law)
My husband and I both are Hindus and permanent residents of Canada with Indian Passport. I earn, my husband does not. In case of a divorce, what laws will apply and will I be required to give alimony? Best place to file the case?
In India it is not in practice however in law and have some judgement in which court has passed orders for paying maintenance to husband but in maximum cases its not
As in India wife in victim and entitled for recive payment from men
As in India wife in victim and entitled for recive payment from men
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Adv. Amit Kumar
Delhi | 25+ Answers
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Hello,
As per your facts , in case you and your husband got married in India and got your marriage registered in India then you can very well file for dissolution of marriage in India. However if your marriage solemnized in Canada and it got registered as per the Foreign Marriage Act , in such a scenario too you have an option of either filing a legal petition for dissolution in your country of residence or India, as both the countries will have the jurisdiction in such a case. Also , yes there is a provision whereby your husband may seek for alimony too , in case he wishes to subject to his establishing the case on merits. For any further query you may contact me.
As per your facts , in case you and your husband got married in India and got your marriage registered in India then you can very well file for dissolution of marriage in India. However if your marriage solemnized in Canada and it got registered as per the Foreign Marriage Act , in such a scenario too you have an option of either filing a legal petition for dissolution in your country of residence or India, as both the countries will have the jurisdiction in such a case. Also , yes there is a provision whereby your husband may seek for alimony too , in case he wishes to subject to his establishing the case on merits. For any further query you may contact me.
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Adv. Ritagya Riti Singh
Delhi | 25+ Answers
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What you want you want permanent alimony or you want divorce its depend upon you. I suggest you to file case India as per Indian law as well as Indian Marriage law. All things depend upon you what exactly you want
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Adv. Shashi Bhushan Jha
Delhi | 100+ Answers
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Hi,
As per the Hindu Marriage Act, 1955, you may have to give maintenance to your husband during pendency of divorce case which is granted under section 24 of HMA. After divorce wife may not be liable to pay any maintenance.
As per the Hindu Marriage Act, 1955, you may have to give maintenance to your husband during pendency of divorce case which is granted under section 24 of HMA. After divorce wife may not be liable to pay any maintenance.
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Adv. Ganesh Singh
Delhi | 500+ Answers
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