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Can educated wife claim for maintenance if went away by her will
07-May-2023 (In Family Law)
I have filled a case on my wife in u/s 9 of HMA, because she has gone back to their parents from last two year without any valid reason.now i want to know that can she claim on me for their life living expenses.we have a son also of 2 year and wife has well qualified but having no job..
The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband.you can give pittition to stop maintains if she remarries .
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Adv. Brij Bhushan Pandit
Jabalpur | 200+ Answers
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You will have to give maintenance for your son. In the case of your wife you should plead in court that she is able to maintain herself and that she is living apart without any valid reason. But as you mentioned, she is having no job, court may award maintenance for her also.
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Adv. Pradeep Naik
Indore | 200+ Answers
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DURING MAINTENANCE PROCEEDINGS YOU HAVE TO PLEAD AND LEAD EVIDENCE THAT OUT OF HER OWN FREE WILL SHE LEFT YOUR COMPANY AND WITHOUT THERE BEING ANY SUFFICIENT REASON SHE IS LIVING SEPERATLY. OTHERWISE GET READY TO PAY THE MAINTENANCE.
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Adv. Vijay Raghav Singh
Jabalpur | 100+ Answers
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