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Maintenance Related question
Question
Hi, just wanted to get legal advice on below:
My husband sent me divorce petition and hearing date is next week on cruelty ground. I am working women earning more than him. Also my councelling is on going in women cell. And he is just told to give divorce in thana.
Now I am living with my parents because he is not allowing me to stay with him.
Do the working women(with good income) has right to apply for maintenance on divorce basis? And when should I apply for it? Please let me know the section for that. Kindly suggest.
Answer ( 1 )
Yes, even a working woman can apply for maintenance under the divorce proceedings and the same can be filed under Section 125 Cr.P.C. Under the Divorce, no application under section 24 of the HMA can be filed if the party claiming maintenance has a source of Income.