Kundan Lal (software engg) 19 July 2017
Siddharth Srivastava (Advocate) 19 July 2017
Court while awarding maintenance consider each aspect of the case. Bring the fact of unemployment and the financial status of husband in the notice of court.
Adv Radhika Mehta (Advocate) 20 July 2017
The amount of maintenance awarded depends on several factors like the incomes, the status of both the parties etc. Even if the husband is unemployed, i doubt the Court would take a very generous view of his situation because as an able bodied person he is expected to work and support his family. Even if he can avoid the maintenance of the wife by saying that she is working, he cannot shirk his responsibility towards the minor son.
Rishi kumar 20 July 2017
The court generally doesn't accept if an educated person like you say that you are unemployed. We should assume that the magistrate can see through the trick much better than we do because he sees several cases each day. Find out an employment , perhaps less paying, and give details of payments to the court when filing objection itself. Then court will grant maintenance based on your present salary. Show your expenses and liabilities, the court is sure to consider. If we are arguing wife is capable of earning or earning, then you should also be doing that. Try to work out things in a practical way. You will get justice, at least a bit of it otherwise court will calculate maintenance taking into account your old income.