Response

Indian law contains provisions for maintenance under different laws like Section 125 of the Criminal Procedure Code, 1973 and Section 24 of Hindu Adoption and Maintenance Act, 1956. the judgements in cases like Bhagwan v. Kamla Devi and Chaturbhuj v Sita Bai, it is clear that a woman can claim maintenance even though she is earning.

The Supreme Court of India has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance.

It also clarifies that the expression ‘Unable to maintain herself’ does not require a wife to be absolute destitute before she can apply for maintenance.But for claiming the maintenance there are various parameters such as lifestyle and livingstyle of both spouses, income and qualification of both spouses, monthly expenditure according to your lifestyle, etc.

Since your husband is unemployed, you may or may not get maintenance depending on facts of your case. But your child will have a right in his grandfather’s property if his father gets the property and provided you do not get re married to anyone else.

These laws carry general exemption that a woman will no longer be entitled for any maintenance in case of remarriage or if she and her child gets converted to another religion.

Reference: Section 125 of the Criminal Procedure Code, 1973; Section 24 of Hindu Adoption and Maintenance Act, 1956 AND Bhagwan v. Kamla Devi and Chaturbhuj v Sita Bai

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