Maintenance

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
My brother had run his own business with monthly earning Rs. 5000. Now he has been in jail since 26 days in false case of 498a, 406 & 34. Her stridhan returned back to her through police. She has filed 124 & 25. Can judge pass an order for maintenance though my brother is now a criminal unemployed as his business has failed due to jail.

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adv. rajeev ( rajoo ) (Expert) 21 May 2011
whatever he may be being husband he is bound to pay the maintenance, but he can take the defense that because of false 498A case I lost everything and not in a position to pay the maintenance.

Kiran Kumar (Expert) 21 May 2011
Adv. Rajeev is right that it is statutory duty of husband to maintain her wife and children.

however, in your brother's case, his unemployment and judicial custody in other case will be of relevant consideration in 125 matter.