Maintenance from husband living abroad

Question

I am living in India while my husband is living in australia. we both were married in india according to special marriage act and thereafter since I had PR in Canada, he shifted to canada with me. after birth of my child, disputes arose between us and I have come back and settled in India. I am living here for past three years now. He refuses to pay any maintenance to me and to my child as well. Now that he is living in australia, how shall I claim the maintenance?

Anonymous 1 Answer 962 views
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Answer ( 1 )

  1. instalegal
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    2020-03-25T17:14:58+05:30
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    This answer was edited.

    Pls clarify following queries for proper advice
    1. Explain the qualification of wife.
    2. Whether she is working some where.

    However if the wife is earning and is financially independent then also she can claim maintenance if she is not able to enjoy the same standard of living, had she been living with her husband. furthermore, there are decisions of the Supreme Court of India which has provided 25% of the salary of the husband to the wife and separate for the child as well until the child turns major or is capable to sustain himself.

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