Unable to maintain
Querist :
Anonymous
(Querist) 22 August 2022
This query is : Resolved
Sir,
1. My wife has complaint 125 maintenance case against me. She claims that she is unable to maintain her.
2. She has trained for professional beautician course at my cost while living with me.
3. She comes to court and filed so many cases against me. Hence it may be assumed that she is mentally fit person.
4. She has no physical disabilities as on date.
5. Being a professionally qualified women sitting at home & claim unable to maintain.
6. If I am sitting at home and claim unable to earn will court declare me as unable to maintain / earn ?
7. I have seen many illiterate lady are working & living their livelihood.
7. In spite of my objection court allowed
maintenance of for a able bodied women.
8. My advocate says me that Indian judges are acts as wife's advocate & always allow maintenance to wife.
8. What are the criteria for declaration of somebody as unable to maintain ? Is there any rule / guidelines ? Is there any government project to empower those unable to maintain lady by training/ 100 days jobs etc. ?
9. She file execution case.
10. What can I do ? How to fight ? I am under depression. Awaiting for your valuable advise.
kavksatyanarayana
(Expert) 22 August 2022
It is the minimum duty of a husband to maintain her. If the court passed the divorce decree, you have to pay maintenance but you may submit your reasons in the counter affidavit. The court may consider the merits of the case.
Dr J C Vashista
(Expert) 23 August 2022
I agree with the opinion and advise of expert Mr. Kavksatyanarayana ji.
You are liable to maintain her as per your status.
Querist :
Anonymous
(Querist) 23 August 2022
One witness of my side brief details about her extramarital relationship in court.
Querist :
Anonymous
(Querist) 23 August 2022
Agreed with expert sirs, it is duty of wife to live with husband & perform matrimonial duties. I think a wife cannot involved in extramarital relationship & ask for maintenance in spite of being able to maintain.
kavksatyanarayana
(Expert) 23 August 2022
You have to pay maintenance and if you believe you need not pay maintenance, submit your detailed counter before the court.
Advocate Bhartesh goyal
(Expert) 23 August 2022
Morally and legally husband is under obligation to maintain his wife and children even in case husband is unemployed.
Dr J C Vashista
(Expert) 23 August 2022
Adultery of wife has direct relevance to her maintenance, husband is not obliged to maintain and became not entitled u/s 125(4) Cr PC which reads as:
Section 125(4) in The Code Of Criminal Procedure, 1973
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
P. Venu
(Expert) 25 August 2022
The court having given the decision, you are bound to comply. If the decision is erroneous you need to approach the superior courts in appeal/revision.
