Palash Mukherjee (Executive) 06 November 2012
My wife has filed a maintenance case against me. I am jobless right now. Can i be forced by the court to pay maintenance to my wife despite me being jobless? Can i be asked by the court to pay a one time lumpsum at this point of time? Also, if i opt to remain absent during the hearings in this matter to avoid paying any money, till how many hearings can i do so?
ADV S PATHAK (lawyer) 06 November 2012
if ur wife is working prove.
otherwise u will have to pay in case of non payment 30 days guest with govt food and shelter.
Delay programme 
: seek time for reply, seek short adjournments, go in appeal to the final order.
stanley (Freedom) 06 November 2012
| Originally posted by : Palash Mukherjee | ||
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Convey to the court that you are jobless right now but anyway maintanence can be passed as per your previous salary slip since it would show your earning capacity you have not mentioned if your wife is qualified or if she is working Can i be forced by the court to pay maintenance to my wife despite me being jobless? If your wife is working than you dont have to pay maintanence but if you have children than you would have to pay for the children and it would be co-extensive in case wife is earning Can i be asked by the court to pay a one time lumpsum at this point of time? Also, That would depend on your capacity to pay and as to what you want nobody can force you to pay lumsum if you dont have the capacity if i opt to remain absent during the hearings in this matter to avoid paying any money, till how many hearings can i do so? if you remain absent for the hearings than an exparte order for maintanence would be passed so contest the case |
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Bhawani Mahapatra (Law Officer) 06 November 2012
Dear Palash
If your wife is not capable of maintain herself (burden to prove is on you) you are bound by law to give her monthly maintainance or one time as decided by court whether you are in a job or not. But you can plead in the court the present situation you are undergoing to lower down the quantum of award or your wife is capable of maintain herself (if possible). Your absence from the proceeding would not serve the purpose.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 November 2012
Delhi HC has stated that when a person is unemployed because of genuine reasons, he can not be forced to pay maintenance.
Regards,
Shonee Kapoor
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