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Maintenance from husband if he has no property and changed the job


26-Jul-2023 (In Divorce Law)
After disputes with my husband I filed for maintenance in the court. But husband intentionally left his job which was giving him 1 lakh pm. He joined a job which is now giving him only 15k pm. Now he says in the court he is working and he is ready to pay 20-25% share of his 15k pm. But he has supporting hand of his parents too. Who supports him everywhere. But they are very rich and husband shows his income his only 15k pm. Rest his parents give him . He has no property and all their parents property are self acquired by themCan I get something more for my maintenance. Husband is continously saying he can give his 20-25% share of his present income. Which is not relevant. Husband has nothing in his name and he excluded himself from ancestral property by giving an affedavit in court and he written all his ancestral property will go in sisters hand.
Answers (5)

Answer #1
78 votes

After a divorce in India, a wife can claim maintenance or alimony from her ex-husband if she is unable to maintain herself financially. This can be done by filing an application under Section 125 of the CrPC or through personal laws like the Hindu Marriage Act, depending on the religion. The court decides the amount and duration based on factors such as the husband's income, the wife's financial condition, standard of living during the marriage, and other relevant circumstances. It's not a fixed percentage but rather a case-by-case decision to ensure fairness and support.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
511 votes
what is the present scenario? at what stage are the proceedings at the moment and did your husband leave his job after you filed a petition for maintenance or did he leave his job before that? he must have submitted something as to why has he left his old job? I will have go through the maintenance petition and if the reply has been filed by your husband I will have to go through that as well. for further queries please feel free to contact
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Advocate Kartik Krishan Sood

Adv. Kartik Krishan Sood

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Answer #3
507 votes
Hi You will need to challenge his income affidavit which must have been filed in.l court. The court will only rely on that while granting a decree for maintenance. Feel free to get in touch to discuss further. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #4
698 votes
I am sure you might have hired one advocate for your case ..it is better if you take your advice from your own advocate regarding this and if you want to put more pressure on your husband then you can also file the case for domestic violence & 498a…if you have faced any kind of harassment and cruelty when you were staying with your husband .. thank you
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Advocate D. Khan

Adv. D. Khan

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Answer #5
747 votes
If you are not working then you can claim at least 50 percent of his salary. And if he has changed his job it doesn’t matter because he must be having the lump sum amount in his bank account or any other money. He was duty bound to maintain you according to your lifestyle. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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