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Is husband not liable to pay maintenance if wife is educated


28-Jun-2023 (In Divorce Law)
Hello Sir/Madam, My frnd was initially not ready for the divorce but her husband compels her n after bearing severe mental torture she decided to move on .Now her cunning husband is saying he will not pay a single penny to her becoz she is more educated than him n can find job and he says law describes it fair .I want2know my frnd will get only that amount what was paid threw cheque to her husband on the time of Marriage as Dowry Nothing else ?She will get nothing inspite the fact that her husband getting handsome salary.Being a "Hindu Legally wedded" wife what left to her. Pls reply ,Thanks
Answers (3)

Answer #1
706 votes
Your friend can claim maintenance /permanent alimony from her husband and the fact that she is more educated than her husband will not be a deterrent. She can get a job in future does not mean that she will definitely be able to get a job or that she is earning her livelihood as on date. Apart from the maintenance she also has a right to claim stridhan.
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Answer #2
987 votes
Dear sir,
You need to share the qualifications of your friend and her husband and the past history of any where dowry was given.
That your friend is entitled to artisan.
In addition it that if their is any child out if the marriage she is entitled to his/her maintenance.
Pl. Feel free to contact the undersigned, only upon understanding the educational background I will be able to guide.
Regards,
Pragya Wazir

Answer #3
745 votes
Sir/Ma'am, the relevant provisions for maintenance of wife by husband are section 125 of Cr.P.C., Protection of Women from Domestic Violence Act and Hindu Marriage Act. The proposition is that if the wife has no source of income and the husband is gainfully employed or not, the wife is entitled to claim maintenance from the husband and the liability of the husband is not vanished by the mare fact that the husband is even a student and is continuing his studies. The husband in the matter in hand is just harassing and nothing more.

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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