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26-Apr-2024 (In Family Law)
1. My wife is guest teacher in MCD school and earning 35000/pm , We both have a girl child of 8yrs. Is she entitle for maintenance? 2. My parents disowned me legally and filed an application in SDM court to evict me and my wife from their house due family conflict and fight with my parents, Can they evict us from their house? 3. If husband want to live in rented house , but not wife and demand to buy new house, Is she denied in SDM court to evict parent house on this ground?
well what happened in the sdm court that you have not stated. maintenance if she is entitled or not for that you have to furnish more information regarding that. for your queries you have provided incomplete information regarding this
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Adv. Anurag Jangra
Delhi | 5+ Answers
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1. Wife's entitlement to maintenance:
The wife's income (₹35,000/month) is a factor, but not the sole determinant for maintenance.
Courts consider the husband's income, child's needs, wife's standard of living during marriage, and her earning capacity when deciding maintenance.
2. If the house is owned by your parents and you don't have any tenancy agreement, they can initiate eviction proceedings.
3. Wife's right to stay vs. husband's preference for rented house:
If the wife is a co-owner of the house (proof required), eviction might be difficult for your parents.
If it's your parents' property, the wife's right to stay might depend on various factors like the child's welfare and alternative accommodation availability.
Merely wanting to buy a new house wouldn't be a strong ground for the wife to deny eviction from the parental house.
The wife's income (₹35,000/month) is a factor, but not the sole determinant for maintenance.
Courts consider the husband's income, child's needs, wife's standard of living during marriage, and her earning capacity when deciding maintenance.
2. If the house is owned by your parents and you don't have any tenancy agreement, they can initiate eviction proceedings.
3. Wife's right to stay vs. husband's preference for rented house:
If the wife is a co-owner of the house (proof required), eviction might be difficult for your parents.
If it's your parents' property, the wife's right to stay might depend on various factors like the child's welfare and alternative accommodation availability.
Merely wanting to buy a new house wouldn't be a strong ground for the wife to deny eviction from the parental house.
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Adv. Abdullah Akhtar
Delhi | 5+ Answers
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if wife is earning and that too as a govt employee, her claim for maintenance/ alimony is diluted. if the property is in your parents' name, then of course they can evict you under senior citizen law. wife cannot demand a house in your name. a wife only has a right to rent free residence. she cannot demand that you buy it in your or her name.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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If she is educated and capable of earning she will not be entitled to any maintenance. However, for maintaining a child it is the joint responsibility. If the property is self acquired property of your parents they can evict you.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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If your wife is also earning and is capable of maintaining herself then she will not be entitled for maintenance from you. And if you are being disowned by your parents then she can't demand a new house or anything like that from you. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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