Do working women get maintenance during separation in India?

Question

I have been separated from my husband and i am living alone since 2010. i filed for domestic violence with proof and the case is going on. my father also died and now to support myself i have got a fourth class employee type job though i am B.A. pass. will the court stop my maintenance?

Anonymous 3 Answers 10844 views
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Answers ( 3 )

    1
    2020-02-06T18:01:08+05:30
    Reply
    This answer was edited.

    The award of maintenance during the pendency of the proceedings if havent been set aside by any court of law shall continue irrespective of the fact that you are earning now. have you filed for a petition under section 125 Cr.P.C for maintenance? and is their any divorce case pending between you both? you must state these facts for proper guidance. is their any child out of the marriage? if yes, in whose custody the child is and since when?
    however, as per law, if you are not able to maintain urself then the husband is liable to pay you the maintenance and a wife can claim 1/4th of the salary of the husband as maintenance as per the recent ruling of the Supreme court.

      1
      2020-02-06T18:04:30+05:30
      Reply

      thanks for advice. as you asked, i applied for maintenance under 125 and i have a girl child of 10 years with me. no divorce case till date

        0
        2020-02-07T10:16:23+05:30
        Reply

        Since it is a case under section 125 crpc, if you and your daughter are not able to maintain on the meager salary, then the courts cannot deny you maintenance for your daughter. The father is duty bound by law to pay for the daughter until majority or the marriage of the daughter

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