Nisha Yagnik
Asked January 01, 2017

Pension to unemployed wife

  • 2 Answers
  • 721 Views

Hello Sir, I am looking for advice here. Is there any law for woman of age 60+ , if her husband does not share his pension for basic expenses with his unemployed and fully dependent wife?

Answers 2

Wife can file a case for maintenance against her husband.

Agree Comment 0 Agrees over 3 years ago

Obligation of a husband to maintain his wife arises out of the status of the marriage. Inclusion of right of the wife for maintenance under Cr.PC makes it easy for the wife to get speedy response. Your right to maintenance is codified under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956). But if you are seeking divorce then Section 24 provides of Hindu Marriage Act, (HMA) 1955 provides for maintenance.

So the best option you have to apply for a petition of maintenance over his pension. But if your husband is giving you the required and sufficient money then you might not win the case of maintenance, or have any claim over his pension. This claim will only succeed, if you show that you are financially dependent and it is impossible for you to survive of the amount provided by your husband.

Agree Comment 0 Agrees over 3 years ago

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