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Maintenance & Alimony

Can an Educated and Capable Spouse Claim Maintenance in India?

Can an educated spouse deliberately stay unemployed to claim maintenance? Discover key High Court and Supreme Court judgments on maintenance claims by qualified spouses.

Advocate Om Sharma is a practicing lawyer in Surat, Gujarat, with over 13 years of experience in criminal law, family law, and legal advisory services.

Can an Educated & Capable Spouse Claim Maintenance? Landmark Rulings

Frequently Asked Questions

Can an educated working woman claim maintenance from her husband?

Yes, if there is a significant disparity between the spouses' incomes and her earnings do not suffice to maintain the standard of living enjoyed during the marriage.

Can a husband deny maintenance if the wife is qualified but not working?

If the husband proves she has voluntarily resigned without cause or refuses employment despite high professional qualifications solely to claim support, courts may reduce or deny maintenance based on the Mamta Jaiswal precedent.

What is the importance of the Rajnesh vs. Neha affidavit?

It is a mandatory court filing requiring both spouses to disclose all bank accounts, movable/immovable assets, IT returns, and living expenses under oath, curbing hidden income and false claims.

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