How can I restore maintenance when the court cancelled it for education?
I am a BDS doctor, but I have no clinic, no home, and no job. My husband completed MBBS from Nepal but has not passed the screening test, yet he is running a clinic without a valid prescription license. The High Court cancelled my maintenance, stating that I am highly educated and should know that an MBBS from Nepal requires a screening test. Based on the High Court’s order, the lower court also cancelled my maintenance. In this situation, what legal remedy or advice can I seek?
Dear Client, You can contest the order of the Court because, though your husband has not passed the screenig test, he is running a clinic and is earning an income. Whereas you though educated are not earning and do not have a source of income. The courts in various instances have held that the wife is entitled to income even if she is earning just so she could live with the same standard of living she had when she was with the husband. You should produce proofs of your assets and liability along with your husband's assets and liability to show the court that you do require maintenance and your husband can provide it. I hope this was helpful. For further queries, please do not hesitate to contact us. Thank you.
You may challenge the High Court order before the Supreme Court by filing an SLP, arguing that education alone does not bar maintenance without actual income. Also, seek interim maintenance citing unemployment and hardship. Separately, file a complaint with the Medical Council/Health Department against your husband for running a clinic without a valid license. For further legal assistance, contact us at our helpline number.
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