• Divorce maintenance

My husband filed a divorce case in Sep 2012 n i filed Domestic violence in Jan 13 and joined job in feb13 n left in oct 13.judgement was given to pay me 10000rs on 25th oct13 but my husband got to know about my job n filed against judgement. now will i b able to get maintainence if i am a MBA?
Asked 3 years ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
If you are already on job and are in a position to work or are working and can support yourself financially, then in such case maintenance is not allowed by the courts.

Thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0
Hello,

Thank you for posting your query.

You have mentioned that you are not working at the moment. The courts in such cases allow maintenance claims by wives. Since you have already got a maintenance order from the lower court, the higher courts are often reluctant in setting aside that order.

However you must engage a lawyer so as to contest and oppose the case filed by your husband. If your husband will be able to prove that you have another source of income then the court might decrease the amount of maintenance.

Regards,
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
A working woman who has sufficient means of her own to maintain herself cannot obligate the husband to provide finances to her. Your husband has now filed for modification of the earlier court order by which you were granted a maintenance of Rs.10,000/- month. If he can prove that you are suitably employed and  earning sufficient amount for yourself then the court would recall its earlier order and absolve him from the liability to pay maintenance to you. It is thus imperative that you engage a good lawyer and fittingly contest his case.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
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I agree with the advice given by the learned advocates.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0

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