Class-i officer wife - crpc 125 -handicap unemployed husband

In the given circumstances no maintence can be granted.

However the case can be sent to Nashik where she is now .

Contact us after transfer and we will get an expert advocate in the field.

Whether the husband is handicapped or unemployed,a well qualified and earning wife cannot claim interim or permenant maintenance from husband.This has been ruled by SC and many HC's also.As the procedings are going on in Goa and taking UR physical condition into consideration,UR lawyers can pray and impress the court for retaining the case in Goa.

GO THROUUGH THE ATTACHED FILE

The citation given by you is for HINDU MARRIGE ACT. It is not appliable for crpc 125.

On the other hand there are all the citatons under CRPC 125 to maintain wife even educated.

But in this case the income and properties of wife have to be shown and husband incapable to work.

There will be other tactics such as income of flat not shown and no taxes paid and similar other issues to bring the opponent on dock..

Dear Reespected Responser's ,

Thanks a million for your valuable information. It would also be great to know,  :-

(1) Court can still grant maintenance for the child? How much approximately is can be from an UNEMPLOYED- handicap- person?

(2) She has shown in the court that she is paying EMI for the Mumbai flat, but she is not showing inclome from the rent. So how can I get it documented, as the societies secretary and the chairman are not helping out give any information? (My lawyer says that she can always claim that she has a caretaker living in the house)

(3) I have a plot in Goa, which I got is from my parents, but before filing divorce, I again transfered it to my mom's name. So as per Marriage Ammendmend Bill - 2013, can she still claim 50% of that, now when it is back on my mothers name? (NOTE: It was her stri-dhaan, so can I tell in the court that she/my-mom took it back?)

Thanks again and God bless you all. Rahul.

Also, 1 more question:-

(4) Can I ask the judge to tell the wife to sell the Mumbai flat, as she is not even living there, so she wont have any money crunch/problems? (Instead she can buy a flat in Nasik itself for cheap.)

She makes more than 1 Lack per month, but supressed her total income + hiding her Mumbai rent, and now claims that from her Rs. 46,000 take home salary, she has to pay huge EMI, so not much is left for their survival.

NOTE: No one from husband's/my side or wife;s side is from Mumbai, and I think she only bought that flat to show that inspite of high income = 1.2 Lacks/Month, still she cant survive and needs Rs. 50,000 from husband as a maintenance !!!

Why dont you ask for appointment of court commisioner?  He can look into all of the above matters and give report to court, whose findings even SC cannot overlook !

you cannot pray court that to sell her mumbai flat court will not accept your prayer

try to get the rent holders statement or any slip from the society how much rent they are paying this will show some light and about her salary part as she is working in government i think rti will applicable to gather her salary information

and finally court if grants interim maintenance then only for your kid but not to her and ask your lawyer about if you claim maintenance from her what are the chances of getting as you are handicap unemployed anc thus court will grant or not to counter her

Sanjay Bhardwaj v. State, the Justice Shiv Narayan Dhingra.

HIGH COURT OF DELHI AT NEW DELHI

No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage.

We are living in an era of equality of s*xes. The Constitution provides equal treatment to be given irrespective of s*x, caste and creed. An unemployed husband, who is holding an MBA degree, cannot be treated differently to an unemployed wife, who is also holding an MBA degree. Since both are on equal footing one cannot be asked to maintain other unless one is employed and other is not employed. As far as dependency on parents is concerned, I consider that once a person is grown up, educated he cannot be asked to beg and borrow from the parents and maintain wife. The parents had done their duty of educating them and now they cannot be burdened to maintain husband and wife as both are grown up and must take care of themselves. 

https://delhicourts.nic.in/Aug10/Sanjay%20Bhardwaj%20Vs.%20State.pdf

Please also see my profile links for sample petition and other clues. Please use this judgment as citation and plead your case Party-in-person and win. Good luck.

as per suggestion of all of i agree with all bec in this case husband unemployed and wife doing job and also in good post get good salary so why she get maintiance from husband in sec 125 court order to maintaince order if wife not do any thig and depand on family or other and husband get good salary and wife dont maintain owen bec no free income in this case she can no get any money from you curt not accept her application