My friend is a newly advocate who just started his practice has divorced his wife. he does not ha

Guest (Querist) 15 March 2014 This query is : Resolved
My friend is a newly advocate who just started his practice has divorced his wife. He does not have any fix source of income having his own separate ration card but lives in the house of his father who is a pensioner .This advocate has no property in his name. Now my query is that being a newly advocate my friend cannot bear his own expences If his wife files maintenance case then who will pay the maintenance amount to the girl. Whether it can be deducted from the pension of his father.If he does not able to pay the maintenance amount then what step the Honourable Court can take.

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Devajyoti Barman (Expert) 15 March 2014
Only your ' friend' is liable to provide maintenance to his wife, his father has no liability.

Meager or no income is excuse fo escape from the liability of providing maintenance. If he fails to do so, he may be put behind bars.

It is surprising that your ' friend' in spite of being a lawyer taking your help to get solution for his problem.

Dr J C Vashista (Expert) 15 March 2014
No it cannot be deducted from the pension of his father.
Irrespective of the fact that the advocate or any other service/business/profession husband has to pay maintenance to his wife as directed by the Court.
If he does not pay the maintenance amount then he will stay behind the bars and not at the Bar.

ajay sethi (Expert) 15 March 2014
agree with experts

Rajendra K Goyal (Expert) 15 March 2014
Maintenance to be paid to can not be deducted / recovered from the pension of FIL.

Agree with the expert.

DEFENSE ADVOCATE.-firmaction@g (Expert) 15 March 2014
It is wonderful that even though your friend is an advocate and still making query thorough you.

Please read all the marriage related laws, read the complaint properly. Study the family history of the spouse.

And above all attend court to hear and see the progress of similar cases and also read sites like this on day to day basis.

And I can not mention on public site various options in such cases but you will find many.

T. Kalaiselvan, Advocate (Expert) 15 March 2014
I concur the opinion and advise of Advocate Defense. There are lot of options which cannot be discussed in the public forums like this. As per law, nobody is exempt nobody is above law.

JURIS LEGAL SERVICES (Expert) 25 June 2014

1 - IN NO CASE HIS FATHER PENSION IS PULLED IN PITCH OF LEGAL ISSUES FOR MAINTENANCE.

2 - COURT HAS NOTHING TO DO WITH HIS INCOME BRACKET BUT HE IS LIABLE TO GIVE MAINTENANCE ONCE COURT ORDERS OR ELSE HE HAS TO FACE HARD TIME BEHIND BARS.

Thanks.
Advocate Masood
8885057578

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