• Can my husband claim maintenance

Hi, 
Currently me and my husband are undergoing separation and haven't filed for divorce. 
My salary is 3 times higher than my husband. 
If I file divorce can my husband claim Maintenance? 
Also if I purchase any property will it be considered as marital asset? 
Can my husband claim property owned by me and my shares? 
Thanks, 
Dipika
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hello,
1) Husband can claim maintenance but in your case he can not as he is earning enough to maintain himself.
2) Your having higher salary in itself is not a criterion for maintenance to husband. If he is in penury and unable to earn due to physical deformity, etc he can claim maintenance from wife.
3) The property you acquire will not be treated as marital assets. Your husband can not stake claim on it.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1. Is the separation judicial in nature, or mutually imposed?

2. If you file for divorce your husband can claim maintenance. However, the mere fact that u earn 3 times his salary is not a ground on which he can succeed in getting the maintenance. He has to show that he needs financial support for his survival.

3. Neither you nor your husband have any right in the property purchased by the other. So any property purchased by you will not be treated as a marital asset. Rather, the concept of "marital asset'' has not yet dawned on the family law jurisprudence in India.

4. Your husband has no share in the property owned by you.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1) husband can claim maintenance if he dosent have enough income   to support him self . in your case husband is working . merely because your income is 3 times husband salary is no ground to claim maintenance by husband 

2) any property purchased by you cannot  be claimed as martial asset . husband has no right to any property owned by you . 

3) in india neither husband or wife has any right on any property owned by other
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Your Husband can claim maintenance if he is not able to sustain his everyday life on the earning he is making. However the fact that you are earning higher than your husband will not matter at all. 

There are two kinds of property, one is self acquired and the other is inherited property. If the property is purchased on your earnings, your husband will have no claim on that. However make sure you pay the entire amount from your earnings itself. Then for sure it will not come under "Marital asset"
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. only under Hindu or Special Marriage Act the husband can claim maintenance
only of he is unemployed. Disparity of income is excuse to claim maintenance from you.
2. Neither of the spouses has till now any right of share on the assets of the other.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Your husband can not claim maintenance from you since he is employed and is capable of maintaining himself,

2. Neither you nor your husband can claim any share of the properties of each other if those properties are registered in their individual names.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Yes, your husband can claim maintenance hence to avoid it you need have the details of your husband's place of working, income and his assests.

If you don't have the details first obtain that and then go for divorce else you may have to pay maintenance if he comes out telling a lie that he is unemployed.   It is another matter if you later find his place of job and his income.   Where a criminal case can be filed against him.
Bhaskaran
Advocate, Bangalore
21 Answers
0 Consultations
Not rated
Hi, husband can claim maintenance but in your case only thing your earnings is more than 3 times he cannot claim only on this basis and secondly if you purchase the property on your earnings it has become self acquired property so he can't claim the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
husband can claim maintenance if he dosent have  income sufficient   to support himself .Merely because your income is 3 times more than his income is not a ground  to claim maintenance him.He has no right to  property owned by you .
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Dear Querist
if your salary is more then him as you informed that 3 time more then him then he may claim the maintenance as per the status and life style of both of you.

if you purchase the property and after that file the divorce then this property will count as marital assets.

he is not entitle to claim any share
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
As far as Section 25 of Hindu Marriage Act deals Permanent alimony and maintenance.
So, a Hindu wife or husband can make claim for maintenance under the said provision. Your Husband can claim maintenance if he is not able to sustain his everyday life on the earning he is making. You are earning higher than your husband will not matter for considering maintenances. 

If the property purchased by your own earnings  it will not come under  marital asset.It will come under the preview of self acquired property.Neither you nor your husband can claim any share of the properties of each other if those properties are registered in their individual names.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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