Civil Procedure Code (CPC)

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raj kumar ji (LAW STUDENT )     01 June 2010

CAN A UNEMPLOYED HUSBAND CLAIM MAINTINANCEFROM HIS

CAN A UNEMPLOYED HUSBAND CLAIM FOR MAINTINANCE FROM HIS GOVT.EMPLOYEE WIFE ????????

HUSBAND IS NO ANY OTHER PROPERTY AT ALL ?



 26 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 June 2010

Waiting for the answers ffom the learned members.  In my opinion if he is unable to do any work in such cases he can claim.

Unbiased Advice (Advocate)     01 June 2010

Yes, but Strictly U/S 24 of HMA Only, Cannot claim under other sections applicable to women.

Arvind Singh Chauhan (advocate)     02 June 2010

I agree with  Unbiased advice.

Arup (UNEMPLOYED)     02 June 2010

YES. DO CLAIM. IF DIVORCE PROCEEDINGS GOING ON ONLY THEN YOU CAN CLAIM U/S 24, OTHERWISE NOT. IN OTHER CASES CLAIM U/S 125 OF IPC.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 June 2010

Husband can claim but if he is physically unable or if court agrees from his plea of non earning therefore, he has to work very hard.

Good luck.

mukesh (Executive)     02 June 2010

Last Year Supreme Court Gave a decessionon same Case.Husband Claimed Maintenance from her employed wife.  But Suprem court Refuse to give maintence but court grant  to husband get letigation from Wife.

 

Mukesh

SHARAD CHANDRA DANEJ (Asstt. Manager)     02 June 2010

In the above case, supposing the husband is mentally not sound and hence cannot earn (certified by the court), but husband's family has a good source of income - so even then the husband can claim maintenance from his earning (private job) wife?

 

S C DANEJ

Pranjal Srivastava (Lawyer)     02 June 2010

Yes a husband can also claim for maintanance Both Under 125 CRPC (Lalit Mohan vs Tritadevi AIR 1990 J&k 7) as per as U/S 24 HMA (Adigaral vs Adigaral 1973 Andhra Pradesh 31).

but anemployement is not a ground . Husbaband has to proove that he is either physicaly or mentaly not able to earn any more

Arup (UNEMPLOYED)     02 June 2010

mr mukesh,

if you have citation please post it for benifit of all.

Pranjal Srivastava (Lawyer)     02 June 2010

read unemployment in place of anemployment

Pranjal Srivastava (Lawyer)     02 June 2010

I apologies to all of you

Or Mentally word should be omitted in my explanation.

Pranjal Srivastava (Lawyer)     02 June 2010

  BECAUSE GENERALLY COURT DO NOT ENTERTAIN SUIT OF A MAN, WHO IS NOT MENTALLY FIT TO MAKE A SUIT.

 

 

In this regard I request some seniors, to guide me, can mentally retarded husband claim for maintenance

SHARAD CHANDRA DANEJ (Asstt. Manager)     03 June 2010

Dear Pranjal,

Thanks. You have really raised a good querry "if a mentally retarded person can claim for maintenance from his earning wife."  Here I have one more doubt.  What should be the degree of mentally retarded? I think that would depend on the IQ of a person. I think as per natural justice even mentally retarded people should have a right to recourse to the court in case these people are in legal trouble. Do not know. Seniors may guide us.

 

S C DANEJ

Arvind Singh Chauhan (advocate)     03 June 2010

Dear Pranjal Ji thanks for the valuable citation please attach the same if you can I am unable to collect these judgments.


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