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Can earning wife claim maintenance


04-Mar-2023 (In Family Law)
If wife has filed petition for restitution of conjugal rights under section 9 of HMA. Is she entitled to claim maintenace under section 125 of crpc whe she is earning enough to maintain herself.
Answers (3)

Answer #1
953 votes
depend krta hai k aap proof KR paste hai ya ni k wife aapki job KR rhi h ya ni ..agar proof ho jaata h k job KR rhi h tou wo claim ni KR skti . aur agar bacche bi hai aapke tou wo claim KR skte hai lekin wife ni KR skti
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Advocate Nitin Verma

Adv. Nitin Verma

LawRato Bulandshahr | 25+ Answers
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Answer #2
862 votes
if your wife is single having no kids and earning handsome amount or more than you she can ask for maintenance as it is her legal but their are some ruling of supreme court where court had given ruling, your lawyer have to proof that her earning is more than her in that case, that if wife is earning more than husband she is not entitled to get any maintaince but if you have kid then you have pay for your kids maintenance
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Advocate Pawan Bisht

Adv. Pawan Bisht

LawRatoLucknow | 100+ Answers
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Answer #3
619 votes
for claiming maitainance under 125 section of crpc she has to file a separate petition. of course she may claim under 24 and25 section of hindu marriage act. then you may defend it by claiming of her earnings. but you have to defend it properly. here it is also material about difference in your income and her income. for more brief u may call me to discuss ur case in details by getting my contact details from this legal site itself. Please write a nice review on law rato if you are satisfied with answer.
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Advocate Avdesh Chaudhary

Adv. Avdesh Chaudhary

LawRatoNoida | 25+ Answers
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