Calculus Legal
Question : CAN WORKING WIFE GET MAINTENANCE?
Answer : In the words of our Best lawyers of CALCULUS LEGAL the term maintenance refers to the financial support provided by a husband to her spouse after the judicial separation or divorce. It is a legal right of women to claim maintenance for fulfilling their basic needs, protection of property, and recovering the cost of litigation. With the passage of time, the ‘home maker’ status of women in India has undergone considerable changes. A woman is no more tagged as just a housewife. In fact, she has successfully established herself as a working woman. Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 and also under personal laws like the Shariat Law, etc. Her claim for maintenance is also extendable to her minor children. Now, based on the judgements in cases like Bhagwan v. Kamla Devi and Chaturbhuj v Sita Bai, it is evident that she can claim maintenance even though she is earning. The Hon’ble SC of India, in this regard , has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression ‘Unable to maintain herself’ does not require a wife to be absolutely destitute before she can apply for maintenance.
The Delhi High Court has further clarified a few more matters like, for husband, being jobless does not work as an excuse for not paying maintenance. Indian law also makes provision under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 for claiming interim maintenance expenses for proceedings even during the pendency of proceedings. Our best lawyers of Calculus Legal have strongly suggested taking legal assistance before presenting your case to the court. We have Best Lawyers in Delhi who have rich experience in personal matters.
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