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Is a working woman eligible for maintenance from her husband upon separation?

Hi,

I am an Indian National married to an Indian in India and I am currently not residing with my husband. I stay separately with my son. I have a few questions regarding my case:

1. My request for temporary maintenance towards me and my son was rejected because I am working. Why isn't maintenance given to working women, and how does this affect the final judgment?

2. How long does it usually take from the witness hearing to get the final judgment?

3. Will local courts accept Indian laws if submitted, even if the other party disagrees?

4. If the case goes to the appeal court, will it cause a delay in receiving the money granted during the initial hearing?

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Dar Al Haqooq Legal Consultancy
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16 Dec 2023, 06:40

Dear Client,

Thanks for your question! I hope you are doing well. I will assist you in this matter.

1. Maintenance orders in the UAE can be granted to working women, depending on the case's circumstances.

2. The time from the witness hearing to the final judgment varies; consult your legal representative for an estimate.

3. UAE courts usually apply UAE laws but may consider foreign laws in some cases.

4. Appeals can delay money receipt from the initial hearing; consult your legal representative or you can consult with us for details.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will be happy to help you.

Thanks and regards,

ABDUL WAHIED

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Maryam Alyassi Advocates and Legal Consultants
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17 Dec 2023, 07:18

Hello,

As per your query, please note that there is a huge difference in the procedural law between India and UAE.

The judgment passed in India is not applicable if we go as per the Sharia-compliant law for maintenance in the UAE.

If the father of the child is working in the UAE, then you can file the maintenance suit in the UAE, however, there are legal formalities and documentation needed to comply.

Please contact us via email or phone.

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Amiri Advocates & Legal Consultants
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18 Dec 2023, 17:20

1) Temporary alimony is a very urgent thing for a situation of necessity, and if you work, and you have a salary, then there is no urgent situation. The refusal of temporary alimony does not affect the final verdict.

2) There is no specific time. Maybe a month or two.

3) Indian laws are accepted in the UAE courts, but there are a lot of procedures for them to be accepted, and the Indian law had to be submitted at the beginning of the case.

4) Yeah. The money gets after the final verdict.

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