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Whether a working woman is eligible for claiming maintenance
02-Aug-2023 (In Family Law)
Sir, I have filed a divorce case against my wife as we got seperated in 5 months after our marriage. I waited for an year to hear from her and also tried speaking to her but no response. When I contacted her family members they replied that they want divorce as her daughter is not willing to continue the relationship. Since there were no support from her family also I filed divorce against my wife. We don't have any child. Now my wife have filed a maintenance case against me claiming that she is not working and her parents are also not working and I have to pay her half of my salary as maintenance to lead her life and also take care of her parents. But actually the fact is she is working and also earning 2 times more then my salary every month and even her her father is earning equal to my salary. So here I need some guidance for the below points.1. Is it enough that mentioning about her Jobs details in my return counter file. 2. Is she eligible for maintenance as she is earning more.
You seem to have a strong case. Gather enough evidence to establish the facts of your ex wife's employment, to contest her claim. As she's financially independent, besides being supported by her family, you may contest the question of maintenance with greater force.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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The fact that she is earning twice that of your salary may be mentioned in your counter. Besides you don't have child to support. All these factors will be taken in to account by the court before awarding any maintenance to your wife.
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Adv. Srinivasan Ellappan
Chennai | 25+ Answers
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Hello,
1. Is it enough that mentioning about her Jobs details in my return counter file.
Provide evidence too please.
2. Is she eligible for maintenance as she is earning more.
Not if there are no children involved. She is an independent working adult - she does not need your help.
1. Is it enough that mentioning about her Jobs details in my return counter file.
Provide evidence too please.
2. Is she eligible for maintenance as she is earning more.
Not if there are no children involved. She is an independent working adult - she does not need your help.
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Adv. Maithili Shaan Katari Libby
Chennai | 25+ Answers
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It is not that the court is going to take the statements of your wife Made in the maintenance application. Contact your advocate and ask him to make necessary applications and to call you in made in the maintenance application. Contact your advocate and ask him to make necessary applications and to call your Wife’s superior to court and depose before the judge. Then you can establish what’s the amount of salary.
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Adv. Gokulakrishnan A
Chennai | 100+ Answers
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Sir,
Maintenance case is always dependent upon factual situation; Different court has given different views on maintenance case. In your case she is not eligible to get maintenance as per the Indian laws .1) She is a working woman .2) well educated. 3) No children. But u must proof it under burden of proof. You can mention in counter file. Based on your grounds court will decide
1) Yes you can mention counter file
2) Dependents upon factual situation on the case.
Maintenance case is always dependent upon factual situation; Different court has given different views on maintenance case. In your case she is not eligible to get maintenance as per the Indian laws .1) She is a working woman .2) well educated. 3) No children. But u must proof it under burden of proof. You can mention in counter file. Based on your grounds court will decide
1) Yes you can mention counter file
2) Dependents upon factual situation on the case.
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Adv. Deva AS Gibsons
Chennai | 100+ 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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