Maintenance Claim by Husband?

Dadi Uma Mahesh (Querist) 14 February 2010 This query is : Resolved
Que:1.Under Which Circumstances a Unemployed Husband can Claim maintenance from Deserted Employed Wife?

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kanhaiyalalojha (Expert) 14 February 2010
If the husband having no any source of income and his wife having the capacity to maintain the husband the husband have liberty to file the mainatenance case u/s 125 of cr.p.c. for needful. K L Ojha.JHC- ADVocate-09431902920.

Raj Kumar Makkad (Expert) 14 February 2010
I do not agree with Ojha. There is no scope of filing such petition by hsband against his wife.

kanhaiyalalojha (Expert) 14 February 2010
I would like to draw the attention on the dececion held by J & K high court wherein the apex court allowed maintenance to a husband from his Doctor wife.

ad. creaminall (Expert) 14 February 2010
sec. 24 of Hindu marriage act says that either the wife or husband has no independent income sufficient to his/her support and the necessary expenses of te proceeding, it may, on the application of the wife/husband order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent.

a husband can claim maintenance from his wife.

Devajyoti Barman (Expert) 14 February 2010
The husband can claim maintenance from wife but not u/s 125 CrPC but u/s 24 Of Hindu Marriage Act.

Guest (Expert) 14 February 2010
not in section 125 crpc but in section 24 hindu marriage act.

Swami Sadashiva Brahmendra Sar (Expert) 14 February 2010
Mr Barman is right. husband can claim under Personal law but not under CrPC

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