Apni Law Staff asked 9 months ago
My husband earns around ₹1.5 lakh per month, while I earn ₹40,000. Sadly, he has asked me to leave our home and filed for divorce. I recently read about a Delhi Court ruling that even working wives can get maintenance. Also, I know women can get free legal aid through the Legal Services Authorities Act, 1987.
Considering my income, will I be eligible for free legal aid?
Can I seek maintenance even though I have a job? If so, under which law: Domestic Violence Act, Section 125 of CrPC, or Hindu Marriage Act?
Best Answer
Apni Law Staff answered 9 months ago
Yes, you are likely eligible for free legal aid under the Legal Services Authorities Act, 1987, as your income is below the eligibility criteria. You are also eligible to seek maintenance under Section 125 of the CrPC, irrespective of your income. This provision allows courts to order maintenance for wives, even if they are employed, based on the circumstances of the case. The Domestic Violence Act would not be applicable for maintenance but can provide protection against abuse.
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