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PRADEEP KUMAR (ALONE)     07 October 2013

Final maintenance

MY FRIEND PAYING INTERIM MAINTENANCE RS.2100/- PER MONTH.

HE IS NOT WORKING RIGHT NOW AND ALSO NOT IN A POSITION TO WORK SO WHAT WILL BE THE FINAL MAINTENANCE WHEN DIVORCED WILL BE GIVEN.



Learning

 8 Replies

Manoj Kumar Jain (abc)     07 October 2013

Rs 3000-4000 (Appx) If file for divorce. Husband work or not, it does not work in court.

PRADEEP KUMAR (ALONE)     07 October 2013

THNKS FOR UR REPLY

BT MY FRIEND DO NOT WANT TO GIVE DIVORCE. IF COURTS DECIDED AT THEIR OWN WILL HOWEVER HE HAS TO PAY RS.3000 OR 4000/-????

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2013

its depend on court & your friend, if your friend has proved before the court that she is able to maintain herself or left his company without sufficient reason then the court have power to cancel the previous  order.

For best advise it will be better to state detail facts

Bijay Jena (self)     08 October 2013

An educated woman who is capable of maintaining herself but quits her job voluntarily, is not entitled to alimony from her estranged husband, the Delhi High Court has held.

Bijay Jena (self)     08 October 2013

In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance.

Bijay Jena (self)     08 October 2013

The Delhi High Court on Friday, August 27, 2010 said that an unemployed man cannot be forced to pay maintenance to his estranged wife, after noting that in an era of gender equality, a person cannot be compelled to maintain others if spouses are on an equal footing. Justice Shiv Narayan Dhingra said, “Under prevalent laws, a husband is supposed to maintain his jobless spouse out of the income he earns. No law provides that a husband has to maintain his wife, living separately from him, irrespective of the fact whether he earns or not.” While setting aside the order of a family court, the court said, “The court cannot tell the husband that he should beg, borrow or steal but give maintenance to his wife, more so when the husband and wife are almost qualified and capable of earning and when both of them claim to be gainfully employed before marriage.” Earlier, the family court had directed that the husband, who is unemployed, is supposed to pay maintenance of 5,000 to his wife. The court said that the wife, who is equally qualified as her husband and was working in an MNC, cannot ask for maintenance from her jobless husband. While granting relief to the husband who was an NRI working in Angola in Africa, the court said, “Since both are on equal footing, one cannot be asked to maintain the other unless one is unemployed and the other is employed.” The court also said that the Constitution provides equal treatment to all irrespective of s*x, caste and creed. An unemployed husband who is holding an MBA degree cannot be treated differently to an unemployed wife who is also holding an MBA degree. Filing a petition challenging the family court’s February 2008 order, Mr Sanjay Bhardwaj, an NRI, said he was working as a Sales Manager in Luanda, capital of Angola. He came to India for marriage with another MBA graduate in May 2007 and his married life had lasted only for three weeks. Source: Deccan Chronicle

PRADEEP KUMAR (ALONE)     09 October 2013

Thanks for sir for reply

My friends's wife is only 12th pass and not doing any work, on the other hand her father is retired from railway as a guard may be he is getting pension 10,000/-+ and they have their own house and also rental income and his brother also working in small shop.

But my friend is totally lost now he is not working, he do not have any house.

On last Family Court date he told all the things to the Judge that he do not have any job and house, but the judge told him to pay full pending interim maintenance to his wife.

Now his wife is not agree to come back and he also do not want to bring back her but can't tell this in court, so what is the future of this case.????

Munirathnam (Scientist)     09 October 2013

Pradeep: Ask your friend to establish a shop to runby the wife ... do not give money to wife every month directly ...


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