CAN A UNEMPLOYED HUSBAND CLAIM MAINTINANCEFROM HIS

B.P. Bhardwaj (delhi) 11 June 2010

I agree with Mr. Pranjal Srivastava, the actual legal condition is this.

Best Regards

B P BHARDWAJ

B.P. Bhardwaj (delhi) 11 June 2010

Mr. Pranjal srivastava has raised a very good point in reg, "MENTALLY RETARDED MAN". and accordingly excellent replied.

Now the point is "why a govt servant lady married with mentally retarded man".

P. Vijaya Akilan (Advocate) 03 December 2012

sir does this case speak about husband claiming maintenance under 125 Crpc.

P. Vijaya Akilan (Advocate) 03 December 2012

in my case a chirstian husband who is unemployed needs to claim maintenance. do guide me as his personal law does not support him.

have a heart foundation (member) 06 December 2012

yes unemployed husband can claim maintenance from wife..

Central Government Act Section 24 in The Hindu Marriage Act, 1955 24. Maintenance Pendente lite and expenses proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent 1. Added by Act68 of 1976, s. 16. 2. Ins. by s. 16. ibid. 3. Ins. by s. 17, ibid. income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner' s own income and the income of the respondent, it may seem to the court to be reasonable

galsober@yahoo.co.in (def) 07 December 2012

But contention is that IF HUSBAND CAN CLAIM MAINT FROM WIFE UNDER SEC 125 CrPC?

stanley (Freedom) 08 December 2012

Go through the below and your questions would be answered .

1. Maintenance of Wife

It refers to the payments which a husband, under certain circumstances is under an obligation to make to a wife, either during subsistence of marriage or upon separation or divorce.

Basis	Hindu Marriage Act, 1955 (sec. 25)	Muslim Women(Protection of Right on divorce) Act , 1986 (sec. 4)	Indian Divorce Act, 1869 (sec. 37)	Parsi Marriage and Divorce Act 1936 (sec. 40)	Criminal Procedure Code 1973 (sec. 125)
1. Persons entitled to claim maintenance	Either spouse can claim	Divorced Muslim Wife	Divorced or judicially separated wife	Either spouse can claim as per amendment 1988(Act no. 5)	Neglected, Deserted divorced wife
2. Persons bound to pay	From the other spouse	1.From the husband during the period of iddat, 2.children 3.parents 4.other relatives 5. Wakf board (from either of them in an order) after iddat period.	From the husband	From the other spouse	From the present or former husband(as per the case)
3.Conditions to claim	If he or she is unable to maintain himself or herself	1. Unable to maintain herself and/or not being remarried.(by husband during iddat) 2,3,4. if she is unable to maintain herself 5. If children or parents or relatives are unable to maintain her.	Divorced or judicially separated wife	Wife being chase and unmarried	1. unable to maintain herself 2. not remarried in case of divorced wife
4. Quantum of maintenance	Discretionary (for term not exceeding the life of appellant)	Discretionary	Discretionary (for term not exceeding the life of wife)	Discretionary (for term not exceeding the life of appellant)	Discretionary (Earlier before 2001 maximum limit was Rs.500)
5. Factors relevant for modification/ cancellation	1. change in circumstances 2. remarriage 3. unchastity 4. resumption of cohabitation after judicial separation 5. husband had s*xual intercourse outside wedlock with another women	Remarriage	If the husband is unable to maintain her	1. change in circumstances 2. remarriage 3. unchastity 4. husband had s*xual intercourse outside wedlock with another women	1. change in circumstances sec. 27 2. remarriage sec 127 3.adultery 4. refuses to live with husband without just cause 5. living separately by mutual consent 6. any sum payable on divorce under any customary law has been paid 7. voluntary surrender

B. CHRISTIAN LAW

· The provisions for maintenance under Christian law are contained in Indian Divorce Act 1869as amended in 2001 under Sec 36(Alimony pendente lite) and Sec 37(permanent alimony).Sec 38 says that the Court may direct payment of alimony to wife or to her trustee.

· Permanent alimony can be granted only in case of dissolution of a marriage or judicial separation. Therefore if a marriage is void wife is not entitled to maintenance.(In Hindu and Parsi law in few cases maintenance is awarded in case of void marriage) **

· Orders of permanent alimony and maintenance can be made only at the time of passing the decree and not subsequent to it as permitted in Hindu and Parsi law.**

· The Act talks about the ‘ability’ of non-claimant but not about the ‘income & property’ of non-claimant. ** (In Hindu law if the wife is rich and able to maintain herself, husband may be exempted from paying maintenance)

2. Maintenance of children and parents

The obligation of parents to maintain children arises both out of blood relationship and moral duty, which is reinforced by statues. The duty of maintaining aged parents is necessary to be enforced legally as well as morally for happiness of our race.

Basis	Hindu Adoption and Maintenance Act, 1956 (sec. 20)	Muslim Personal Law	Indian Divorce Act, 1869 (sec. 42)	Parsi marriage and Divorce Act 1936 (sec 49)	Criminal procedure Code 1973 (sec 125)
1. Persons entitled to claim maintenance	1. legitimate or illegitimate children 2. aged or infirm parents (parent include step mother) 3. unmarried daughter As per Hindu marriage Act1955(sec 26) 1.minor children 2. parents	1. minor legitimate children 2. major legitimate children 3.illegitimate children 4.parents and grandparents, paternal or maternal	Minor children	Minor children	1. Minor child whether legitimate or illegitimate, whether married or unmarried 2. major child whether legitimate or illegitimate, not being married daughter 3. parents, neglected or refused to be maintained
2. Persons bound to maintain	1.from parents 2.from children 3.from her parents	1. primarily on father, secondarily on mother else on grandparents 3. only the mother is bound to maintain , not father 4. from their sons	Left to the discretion of court	Left to the discretion of court	1. father having sufficient means 2. father having sufficient means 3. their sons
3.Conditions to claim	1. so long as he/she is minor 2. if they are unable to maintain themselves 3. if she is unable to maintain herself	1. if the children are unable to maintain themselves: in case of sons till they attain majority and in case of daughters till they are married 2. if they are infirm 4. if they are unable to maintain themselves	-	-	1. unable to maintain itself and in case of a married minor female child if her husband is unable to maintain her 2. unable to maintain itself by reason of physical or mental abnormality 3. unable to maintain themselves
4.Quantum of maintenance	Discretionary	Discretionary	-	-	discretionary
5. Factors relevant for modification/ cancellation	Change of circumstances	Conversion or Change in circumstances(in all 4 conditions)	If they refuse to stay with him without just cause	-	Change of circumstances

C. PARSI AND CHRISTIAN LAW

· The Parsis & Christians have no personal laws providing for maintenance for the parents like Hindu and Muslim law. Parents who wish to seek maintenance have to apply under provisions of Cr.P.C.**

· Under Indian Divorce Act, 1869 (Sec.41- 44) and Parsi marriage and Divorce Act 1936 (Sec 49) the parents are entitled to provide maintenance for minor children.

· Maintenance can only be provided where there is matrimonial litigation between the parties of marriage. ** (In Hindu and Muslim law it can be granted independent of and in absence of any matrimonial litigation.)

1 Like

galsober@yahoo.co.in (def) 08 December 2012

So husband can not ask for maint from wife U/S 125 CrPC. Only window left for him is Sec24

stanley (Freedom) 08 December 2012

@galsober

Yeah

SHILPA HATTI (Advocate) 11 March 2013

Dear Sir,

Im a law student from Bangalore and I want to know where can I find the complete judgment of these two cases. I searched a lot but couldn't find.

I will be grateful to you if you provide me with the correct citation and other details of the said cases.

Also it would be great if you help me out in getting more supporting case laws about "Husband claiming maintenance from wife".

Lalit Mohan vs Tritadevi AIR 1990 J&k 7;

Adigaral vs Adigaral 1973 Andhra Pradesh 31

Regards,

Shilpa

rajiv_lodha (zz) 11 March 2013

i am also eager to know if IN ANY JUDGMENT HUSBAND GRANTED MAINT U/S 125 CRPC??

stanley (Freedom) 12 March 2013

Tajobs had posted this judgement a long time back in the forum

Home > HMA 24, Maintenance, News about gender biased laws > HC asks woman to pay maintenance, give car to hubby

HC asks woman to pay maintenance, give car to hubby

March 31, 2011498afighthardLeave a commentGo to comments

https://ibnlive.in.com/generalnewsfeed/news/hc-asks-woman-to-pay-maintenance-give-car-to-hubby/632159.html

PTI | 10:03 PM,Mar 31,2011

New Delhi, Mar 31 (PTI) A financially well-off woman has been ordered by the Delhi High Court to pay Rs 20,000 as monthly maintenance to her 55-year-old husband facing penury. Upholding a lower court”s order to the wife to pay maintenance to her husband under section 125 of the Criminal Procedure Code, Justice G S Sistani also told the woman to part with one of her four cars for the use by her husband. The high court came to the aid of the east Delhi resident, dismissing his wife”s appeal against Karkardooma district court”s order for sustenance allowance to the man. Justice Sistani insisted on the woman, to pay a “respectable” maintenance to her husband, relying upon her Income Tax returns for several years showing that her annual income touched over Rs one crore from the lucrative business of running a hostel for students in Greater Noida. Justice Sistani ordered payment of maintenance to the man accepting his counsel Bhupendra Pratap Singh”s argument that it was he who had set up the hostel for students in 2002 and made his wife its proprietor but she and their two children had thrown him out of the house and even grabbed his business. Thrown out of the house, the man had first moved the lower court for divorce. During the adjudication of his divorce plea, he had also made a plea for maintenance from his wife, following which the court had awarded him Rs 20,000 as sustenance allowance.

Than it would be “ratio decidendi,” often translated as “the reason for the decision,” is used in the legal community to refer to the rationale behind a court decision. Every case has a ratio decidendi, a basis which the court used for ruling in the way that it did. Sometimes it is evident and at other times a court may need to explain it, as when a court is setting a precedent and thus cannot rely on previously established rationales which formed the basis for other legal decisions.

When looking at a court decision, the ratio decidendi stands out as the legal grounds upon which the decision is meant to stand. It is legally binding, unlike comments made in relation to the case which may be relevant or interesting, but are not compelling from a legal stance.