Free Legal Aid under Article 39A
Husband - foreign national of Indian origin residing outside India.
Wife - Indian national residing in India.
Marriage was registered under Hindu Marriage Act in India.
After few months of marriage, relationship strained due to difference of opinion (ego) and other family members interference between husband & wife relationship.
Wife is well qualified and worked in a high paid job over 15 years. She continued to work for 8 months after the marriage. She then deliberately resigned without husband knowing. She informed him after the resignation stating that she would be moving to husband's place abroad hence resigned.
4 months later, she sent a lawyer/legal notice stating that she is jobless therefore husband to arrange house and provide maintenance within few weeks, failing she would take legal action for maintenance and claim legal costs from husband.
1. Should he start paying her immediately? or Wait.
2. Can he refer her to Article 39A and her eligibility for "Free Legal Aid" in his reply to the notice. Therefore, he is not liable for inflated/expensive legal costs if she choose not to benefit from this provision.
She is claiming that she is without income and no other means to support her, therefore, if her claim is true, she must be eligible for Free Legal Aid under 39A.
Look forward to your opinion
Asked 4 years ago in Family Law
Religion: Hindu