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Author Topic: Working wife looses her job due to mental trauma during separation,her options?  (Read 349 times)

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Offline anandthuy

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If both husband and wife work in US. Husband is engaged with another women and files for divorce in US. Wife looses her job due to mental trauma of separation and comes back to India and files for divorce. Visited psychiatrist in US and India and is diagnosed with depression and trauma. Since the wife is jobless in India, is it possible to claim benefit from husband? He has inherited property and asset in India (both are indian citizens). What all inherited properties and asset can wife claim. They have usually lived in US and visited india during time offs.

Offline advocate-lyngdoh

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You can claim maintenance as settlement
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline adv.amarnath

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Wife has no right to claim assets/ properties of her husband. She can file maintenance case under Section 125 of Cr.Pc. or Section 24 of HM Act. On award of monthly maintenance and eventually arrears will have option for attachments of husband's properties to realise arrears of maintenance.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline anandthuy

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Thank you for your replies.
1. Can she claim for maintenance even after divorce is granted in another country? OR is it better to go through the divorce process in India to get maintenance?
2. Husband is in better financial position then wife (because of inheritance), but they earn the same in the foreign country. Does the wife need to leave her job in order to apply for maintenance OR because husband is in better financial position(because of inheritance), maintenance can be granted considering that aspect?
3. Does the wife need to be in India to claim for maintenance?

Offline adv.amarnath

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1. Can she claim for maintenance even after divorce is granted in another country? OR is it better to go through the divorce process in India to get maintenance?
Ans: Not necessary. She can file case under 125 Cr.PC

2. Husband is in better financial position then wife (because of inheritance), but they earn the same in the foreign country. Does the wife need to leave her job in order to apply for maintenance OR because husband is in better financial position(because of inheritance), maintenance can be granted considering that aspect?
Ans: It is defence and it cannot be replied under open forum nor possible without going through the facts of the case

3. Does the wife need to be in India to claim for maintenance?
Ans: Yes.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Helping Hand !

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Thank you for your replies.
1. Can she claim for maintenance even after divorce is granted in another country? OR is it better to go through the divorce process in India to get maintenance?
2. Husband is in better financial position then wife (because of inheritance), but they earn the same in the foreign country. Does the wife need to leave her job in order to apply for maintenance OR because husband is in better financial position(because of inheritance), maintenance can be granted considering that aspect?
3. Does the wife need to be in India to claim for maintenance?
Getting maintenance from Indian Court is tricky, you can claim IA ie interim alimony which is temporary in nature.  And permanent alimony also. but as you are able bodied woman, you cant claim maintenance.  You need to get over things.  And find another job.  Once you take divorce from foreign country, you should claim maintenance from that country only.  You cant leave job to show that you are jobless, and ask alimony.

Offline adv.amarnath

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"Able bodied" word is only used for husband not for wife. It is Supreme Court's view in a judgement. So, it is wife's choice to be working or house wife. Responsibilities will be always on husband to maintain her if she is not earning.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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