NRI wife on H1B – Can I claim maintenance or expense sharing?

766 votes

I read your question . I can provide general information about your situation. In India, the laws regarding maintenance and financial support during matrimonial disputes are governed by various statutes, including the Hindu Marriage Act, 1955, and the Code of Criminal Procedure, 1973 (Section 125). Maintenance claim: You may be eligible to claim maintenance from your husband, considering he's able-bodied and capable of earning. The court may consider factors like: 1. Your income and financial situation 2. Your husband's income and earning capacity 3. Your standard of living during the marriage 4. Your husband's deliberate unemployment to avoid maintenance Deliberate unemployment: If your husband is found to be deliberately unemployed or underemployed to avoid maintenance, the court may consider his potential earning capacity while determining maintenance. Litigation costs: You may also claim litigation costs, including expenses incurred for pursuing the case.

Advocate Praveenkumar S LawRato

941 votes

In India, you can claim maintenance, expense sharing, and litigation costs from your husband, and your earning capacity may not bar relief if he is deliberately jobless. Courts have repeatedly ruled that an able-bodied spouse cannot use voluntary unemployment to avoid their financial obligations.

Advocate Dhruv. K LawRato

928 votes

Hi , Right to maintain wife and children is a moral obligation to every husband. He can't avoid it . If the marriage happend in India and you have Bangalore address in your Aadhar you can file maintenance case in Bangalore jurisdiction.

Advocate Shahana C LawRato