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Maintenance case filing but need some details


28-Jul-2023 (In Divorce Law)
I filed sec9 and my husband filed sec 13 1 ia. Failed counselling. I filed Maintenance case but he is saying that I have graduate degree and I worked job earlier but not now. He is saying I intentionally left the job for his money. But I got fired due to health issues. How can I win the maintenance case on my husband? Do I need to withdraw sec9 and file divorce case on my husband?
Answers (3)

Answer #1
987 votes
Not necessary. you need not withdraw section 9 petition. so many judgments are there, that the wife should be given maintenance. the husband has to give maintenance to his wife and he has to look after her lifestyle as he is enjoying. So don't worry. But you have to fight.
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Advocate K. Venkatesan

Adv. K. Venkatesan

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Answer #2
610 votes
You can let the section continue while you contest the maintenance in the grounds that you are genuinely unable to maintain yourself. You will have to prove that your previous employer fired you due to your ill health.
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Advocate Sudarshan Desai

Adv. Sudarshan Desai

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Answer #3
751 votes
Well, if you need Maintenance from your Hubby, then you should not have filed Petition under Sec 9 of the Hindu Marriage Act, 1955 for the Restitution of Conjugal Rights. If you want to win the Maintenance Case, revoke Sec 9 Petition first and convince the Judge on Maintenance issue, that, you need Maintenance, consider, your have become habituated to Rich lifestyle after your Marriage which habit can't be changed now, considering that, to maintain your rich lifestyle, you pray Hon'ble Court to grant you, huge amount of Maintenance from your Hubby until you can't find someone else to marry. This ground of 'Have become habituated to Rich Lifestyle in which Husband made me to live after Marriage' has accepted by court in several of its Judgements.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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