Is a working woman entitled to alimony?

Although you secured a job only after your husband deserted you, since you now have a permanent job, you are not entitled to claim maintenance for your self. Section 125 of the CrPC applies to wives who are unable to maintain themselves or, in other words, are destitute.

However, the courts would be inclined to grant maintenance to a woman who survives by doing odd jobs where the nature of the job is not permanent and her income is meager. But you are not in this category.

Since your children are of school going age, they would all be minors and hence they will be entitled to maintenance fromtheir father. Under the CrPC, you are entitled to claim a maximum amount of Rs 500/- for each child.

Your chances of securing maintenance for them are fairly good if you can prove to the court that your husband has a permanent job and steady income. Since your husband is earning Rs 5,000/-, it is likely that the court may grant slightly less than Rs 500/- for each child.

I am a 29-year-old professional earning Rs 6,000/- p.m. My husband earns Rs 10,000/- p.m. We were married six years ago. Since ours was an inter caste marriage, we did not perform a religious ceremony but have undergone a civil registration under the Special Marriage Act. Due to incompatibility, I filed a petition for divorce recently. Being a working woman. I want to know if I am entitled to any kind of maintenance

— Jayanthi Emmanuel, Bandra

Under all matrimonial statues a wife who is earning is not entitled to maintenance. The matrimonial law is so structured to presume that all women are dependents and hence only dependentwives are eligible for maintenance.

Women who have secure jobs and have contributed to the household expenditure during the subsistence of their marriage do not have legal recourse to claim any economic rights at the time of dissolution of marriage.

However you have a right to claim all your personal belonging including jewellery and gifts. You also have a right to claim a share from the joint savings, if any, at the time of final settlement.

For quite some time now, an acquaintance of mine has been sexually harassing me. Some months ago, he stopped troubling me. He has now decided to leave the country and has offered to pay me monetary compensation before he leaves. Is it advisable to accept this offer or will it create any problems for me?

— Clara D’Costa, Orlem

There is nothing wrong in accepting a monetary compensation. You have not mentioned whether you had initiated any criminal proceedings against the concerned person.

If you have done so, you would have to withdraw thecriminal complaint after a settlement has been arrived at. If there is anyone who can mediate in the matter it would be wiser to accept the compensation in the presence of the mediator and if possible obtain a written apology from the molester.

My wife and I separated five years ago. The court granted me rights to visit my six-year-old son once every month. I would like to spend more time with him. What legal procedure does this entail?

— Vikram Parashar, Vashi

You will have to file a Miscellaneous Application in the same court from which you obtained your divorce and set out in detail the changed circumstances due to which you wish to have more access to your child.

Another way to improve access is to approach your wife directly and discuss this issue with her and arrive at an amicable settlement as the issue of access can be a cumbersome process if your wife decides to oppose your application.

The court would also take into consideration the wishes of the child before varying the initialorder.