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What includes maintenance for wife ? salary or property or both


04-Oct-2023 (In Divorce Law)
hindu i want to know if husband left job because of case then wife can get maintenance or husband parent property also include to wife maintenance if wife click photo of husband property
Answers (2)

Answer #1
735 votes
after going through your query, here is the answer which might suit to your issues.
1. First, Even if your husband leaves the job in between the case, he will have to explain the judge whether he is eligible to work again or not. As per the directions given under catena of judgements of supreme court and high court, a working man is cannot be believed to sit idle at home for making an excuse of jobless hence not earning. A working man now jobless is responsible for maintenance of his wife and children if there any. You also have to prove that you husband was earning enough to maintain him and you, which might be easy but everything depends on the discretion of the judge as the current situation has been completely changed now.
2. Second, no you cannot seek maintenance from your husband’s parent property even if you have the pictures of those property. Those property if self acquired by the parent in law or husband does have the share under inheritance, still you cannot seek maintenance as according to Hindu Succession Act.
Answer #2
828 votes
Yes wife is entitled for maintenance even if husband stopped working because of the case. The wife is entitled to claim maintenance from her husband under section 125 Cr.P.C. and under section 24 of Hindu Marriage Act. The amount of maintenance depends on the income of husband and the standard of living maintained by the husband.

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