Krishna (Retired) 05 June 2015

Are women also liable to give maintenance husband

Hi,

My daughter's marraige was arranged marrirage.Within 1month of the marrirage we came to know that that son-in-law was jobless he gave false evidence as he is working in a software company.

My daughter tried to place him in diffeet company, most of the time he is not ready to take up interview and it 2yrs from now my daughter is only taking care of him. He and his entire family have cheated us with false information.

We have applied Divcorce are we liable to pay maintance to him. He is lazy and do not want to work although he as done his B.E

He has married y daugter so that he can mint money from us.

Plz advice

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5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 June 2015

Yes, even husband can claim maintenance u/s 24 HMA.

However, as per the brief, he would have to give cogent reasons for not working.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Prasad (Systems Engineer) 05 June 2015

Yes Sir. Maintenance law has no gender bias.

If wife is wealthier than husband and has applied for divorce from husband, then husband can claim maintenace.

But husband has to prove that he is unable to maintain himself.

If he is educated well and capable of some employment, then court may not award maintenance for him.

You have to fight the case on merits.

Adv. Chandrasekhar (Advocate) 05 June 2015

Theoritically, he can seek maintenance, but practically it is difficult for him to get maintenance, because the court wants to know what efforts he made to get job.

N R Dash.. (Advocate) 05 June 2015

There are legal provisions though, it would be very difficult for him to get a favourable order. Being jobless might not be a ground for divorce, but consult with your local advocate to guide you based on the facts and evidences you have.

SAINATH DEVALLA (LEGAL CONSULTANT) 05 June 2015

Husband can be awarded maintenance only if he is in penury,and unable to earn for himselfdue to grave illnesses or physical deformities,which curtail him from working.