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(Guest)

Compensation by wife

Hi

I want to know, if husband is not working due to various reasons, is he still want to give maintanance?



Learning

 7 Replies

Rahul Kapoor (Legal Enthusiast)     06 March 2013

hello,

husband must not willfully abstained himslef from working.

 

 

regards-

rahul.gogreen@gmail.com


(Guest)

@Rahul

I am asking about the law and provisions in it, if due to some unavoidable reason, if he loose the job, and he is in process of divorce, what will law say?

 

Rahul Kapoor (Legal Enthusiast)     06 March 2013

hello,

refer to section 24 of HMA.

if you have no sufficient means for your support then you can apply under it.

 

regards-

rahul.gogreen@gmail.com


(Guest)

@Rahul,

Sir, applying for maintanance is fine. But what will husband do if wife asks for maintance. Reason being is he himself not able to maintain him & how can he give maintance to wife? what does law say in this case?

Rahul Kapoor (Legal Enthusiast)     06 March 2013

hello,

you should go through following judgement

.Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010.

 

 

regards-

rahul.gogreen@gmail.com

Tajobsindia (Senior Partner )     06 March 2013

Two bolts to experience as Law is silent on it unless such husband himself files a cross case and seek maintenance from his wife which many husband wake up to too late;

one dependent upon State HC under which such case falls and
second dependent upon the way your side's seasoned pleader pleads and shows you in correct side of Law.

Citation placed by Rahul is one such persuasive single Bench HC Jstc. (now since retd.) view. 

Chetan Joshi (Advisory/Advocacy)     06 March 2013

If you cant then you cannot....

 

 

You may file a maintenance if your wife can maintain you.

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

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