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Meena Walia   04 July 2020

maintenence

if the husband does not work but is a owner of two flats but refuses to pay maintence for three children saying he has no income what does the court do in such a case


Learning

 5 Replies

Sunayana Chhabra   04 July 2020

He will have to pay maintenance whether he works or not. Feel free to contact at sunayana122@gmail.com for further assistance.
1 Like

Dr J C Vashista (Advocate)     05 July 2020

Originally posted by : Meena Walia
if the husband does not work but is a owner of two flats but refuses to pay maintence for three children saying he has no income what does the court do in such a case

Even if husband does not work income from other sources including minimum wages as applicable shall be counted for grant of maintenance to applicants i.e., wife, children and parents.

If he is unable to pay his property shall be attached to satisfy order/decree passed by competent court.

Whether any amount has been awarded by the Court, which court (where), how much (amount) date effective for commencement of award ?

What is the opinion and advise of your lawyer who has successfully managed the order of award/ maintenance  in favour of wife and three children ?

 

1 Like

P. Venu (Advocate)     05 July 2020

Yes, the Court can attach his property.

Meena Walia   06 July 2020

i have not yet filed for the divorce coz he is threatening that i will not get anything as he is not earning and will be out of his house with 3 kids with no place to stay.he abuses me and the kids all the time.

Dr J C Vashista (Advocate)     09 July 2020

Originally posted by : Meena Walia
i have not yet filed for the divorce coz he is threatening that i will not get anything as he is not earning and will be out of his house with 3 kids with no place to stay.he abuses me and the kids all the time.

@ Meena Walia,

Either keep mum under the threats extended to you qua, "....will be out of his house with 3 kids with no place to stay..." which he can not do so, or seek and obtain legal relief. 

He has no option but to provide maintenance as well as residence in the form of shared accommodation.

If you are located in Delhi and feel so, may contact me for any help or proceeding at ch. No 647, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 and / or email: majjagdish@yahoo.com


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