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LAW STUDENT (NILL)     02 February 2013

How much maintenance

If husband is a student and not earning, and wife is also  not employed, than

1. wife may get maintence ?

2. minimum how much she may get ? it can be more then 3000rs or not ?

3.  husband is not earning then on what base she may get maintence ?


 10 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     02 February 2013

Husband not earning cannot be ground fro no maintainnace . It is not possible that husband is not earning and is married .So be practical it can be that amainatainance amount depend the way you put up your case

It also depends on the evidence you file that husband income or joint family income can also be consideredf . To get  to know more throw some more light on your case.

Adv. Nikhil Seth



siranjeet (JE)     02 February 2013

if hubby is not earning means not having sufficient means this can ground for court to deny maintenance

practically seems to be impossible but  legally can be possible

125 crpc. Order for maintenance of wives, children and parents.

(1) If any person havinging sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

so  burden lies on wife to prove that her husband is earning

Originally posted by : LAW STUDENT

If husband is a student and not earning, and wife is also  not employed, than

1. wife may get maintence ?

2. minimum how much she may get ? it can be more then 3000rs or not ?

3.  husband is not earning then on what base she may get maintence ?

If there is no single penny with the husband, no property that could be attached for recovery of maintenance, what best could any court do is, to take the husband into judicial custody, keep him inside for a few months, then again ask, you pay money or not, he tell first of all me student, how can I pay sitting inside.

One day fed up the court will let him go, saying get lost.

Never heard of anyone doing time for a lifetime for not being able to cough up money to pay IA or alimony.

siranjeet (JE)     03 February 2013

if husband have nothing means no property and no income and court order to keep in custody because he can not pay maintenance then wife had to pay diet money/ expenses during his stay in custody or jail

siranjeet (JE)     03 February 2013

if husband is unemployed then no maintenance


Date of Reserve: 9th August, 2010

Date of Order: 27th August, 2010

+Crl.M.C.No. 491/2009



Sanjay Bhardwaj & Ors. ... Petitioner Through: Dr. Naipal Singh, Advocate


The State & Anr. ... Respondents Through: Mr. O.P.Saxena, APP for the State

With Mr. Gajraj Singh, SI

Mr. K.C.Jain, Adv. for the Complainant/Wife


1. Whether reporters of local papers may be allowed to see the judgment? Yes.

2. To be referred to the reporter or not? Yes.

3. Whether judgment should be reported in Digest? Yes. JUDGMENT

The present petition under Section 482 Cr.P.C.

assails an order of interim maintenance under The Protection of Women from Domestic Violence Act, 2005

(in short Domestic Violence Act) passed by the learned MM on 16th January, 2008 and confirmed by the

learned Additional Sessions Judge in appeal by order dated 29th February, 2008.

2. The petitioner was a Non-Resident Indian, working in Luanda, Angola in Africa as a Manager. He came to

India Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. Page 1 of 6 taking leave from his

job for marriage. Marriage between the petitioner and respondent no.2/wife was settled through matrimonial

advertisement. The respondent wife was MA (English) and MBA. As per her bio-data sent before marriage,

she was doing job with a Multinational Company. The marriage between the parties was solemnized on 14th

May, 2007 at a Farmhouse in Vasant Kunj and was got registered on 25th May, 2007. The parties lived

together for a limited period of 10 days i.e. from 15th May, 2007 to 19th May, 2007 and from 2nd June to 6th

June, 2007. While the allegations of husband are that marriage failed within 3 weeks since the wife was

suffering from a chronic disease about which no information was given to him before marriage and a fraud

was played. The allegations made by wife were as usual of dowry demand and harassment. Since the marriage

did not succeed, the husband/petitioner filed a petition under Section 12 of Hindu Marriage Act for declaring

the marriage as null and void and the wife first filed an FIR against the husband under Section 498A/406 IPC

and then filed an application under Section 12 of Domestic Violence Act.

3. It is not relevant for the purpose of this petition to go into the details of allegations and counter allegations

made Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. Page 2 of 6 by each other. Suffice

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

it to say that the learned MM passed an order dated 16th January, 2008 directing husband to pay an interim

maintenance of ` 5000/- pm to the wife. He fixed this maintenance without considering the contentions raised

by the husband (as is stated in the order) that the husband lost his job in Angola (Africa) where he was

working before marriage because his passport was seized by police and he could not join his duties back.

After marriage he remained in India, he was not employed. In the appeal, learned Additional Session Judge

noted the contentions raised by the husband that he had become jobless because of the circumstances as stated

by him and he had no source of income, he was not even able to maintain himself and had incurred loan, but

observed that since the petitioner had earlier worked abroad as Sales Manager and in view of the provisions of

Domestic Violence Act, he had the responsibility to maintain the wife and monetary relief was necessarily to

be provided to the aggrieved person i.e. wife. He observed that the wife was not able to maintain herself

therefore husband, who earned handsomely in past while working abroad, was liable to pay ` 5000/- pm to the

wife as fixed by the learned MM. Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. Page 3

of 6

4. A perusal of Domestic Violence Act shows that Domestic Violence Act does not create any additional right

in favour of wife regarding maintenance. It only enables the Magistrate to pass a maintenance order as per the

rights available under existing laws. While, the Act specifies the duties and functions of protection officer,

police officer, service providers, magistrate, medical facility providers and duties of Government, the Act is

silent about the duties of husband or the duties of wife. Thus, maintenance can be fixed by the Court under

Domestic Violence Act only as per prevalent law regarding providing of maintenance by husband to the wife.

Under prevalent laws i.e. Hindu Adoption & Maintenance Act, Hindu Marriage Act, Section 125 Cr.P.C - a

husband is supposed to maintain his un-earning spouse out of the income which he earns. No law provides

that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or

not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more

so when the husband and wife are almost equally qualified and almost equally capable of earning and both of

them claimed to be gainfully employed before marriage. If the husband was BSc. and Masters in Marketing

Management from Pondicherry University, the wife was MA Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors.

v. The State & Anr. Page 4 of 6 (English) & MBA. If the husband was working as a Manager abroad, the wife

with MBA degree was also working in an MNC in India. Under these circumstances, fixing of maintenance

by the Court without there being even a prima facie proof of the husband being employed in India and with

clear proof of the fact that the passport of the husband was seized, he was not permitted to leave country, (the

bail was given with a condition that he shall keep visiting Investigating Officer as and when called) is contrary

to law and not warranted under provisions of Domestic Violence Act.

5. We are living in an era of equality of s*xes. The Constitution provides equal treatment to be given

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. Since both are on equal

footing one cannot be asked to maintain other unless one is employed and other is not employed. As far as

dependency on parents is concerned, I consider that once a person is grown up, educated he cannot be asked

to beg and borrow from the parents and maintain wife. The parents had done their duty of educating them and

now they Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. Page 5 of 6 cannot be burdened

to maintain husband and wife as both are grown up and must take care of themselves.

6. It must be remembered that there is no legal presumption that behind every failed marriage there is either

dowry demand or domestic violence. Marriages do fail for various other reasons. The difficulty is that real

causes of failure of marriage are rarely admitted in Courts. Truth and honesty is becoming a rare commodity,

in marriages and in averments made before the Courts.

7. I therefore find that the order dated 16th January, 2008 passed by the learned MM and order dated 29th

February, 2008 passed by the learned Additional Sessions Judge fixing maintenance without there being any

prima facie proof of the husband being employed are not tenable under Domestic Violence Act. The petition

is allowed. The orders passed by Metropolitan Magistrate and learned Additional Sessions Judge are hereby set aside.

August 27, 2010 SHIV NARAYAN DHINGRA, J. vn

Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. Page 6 of 6

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

Indian Kanoon - https://indiankanoon.org/doc/397640/ 3

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

Indian Kanoon - https://indiankanoon.org/doc/397640/ 2

Indian Kanoon - https://indiankanoon.org/doc/397640/ 1

LAW STUDENT (NILL)     06 February 2013

it mean an educated wife can not get maintence, from the husband who is not employed ?

Msk-need -nuetral- laws (self)     06 February 2013

an educated women cannot get maintenance even if husband is employed under the following circumstances

1) Wife already worked and earnt herself and phyically earnable again. So drama of leaving job for maintenance is of no use if husband can produce her earnings of the past

2) Wife has properties worth lakhs of rupees with which she can maintain

3) No child out of wedlock

4) willful desertion prooved by husband, adultery, convicted in crminal case and divorce on account of that, simply divorce where husband is not at fault


LAW STUDENT (NILL)     07 February 2013

Husband was employed when he married. Later on he left the job and joined some training institute for 9 months. after this training he will be certainly get a government job. At present his brother is paying for his all expenses. so now on what ground wife can get maintenance ?

Javed (CA)     07 February 2013



If the wife was working before and now quit the job only to get maintenance money then the husband can also do the same and sit at home and if he transfers all his bank balance and property to anyone else and show he is having no source of income then no court can force him to pay maintenance.

Also if there are no kids then if the woman can also find a job and not just man but getting a job is not easy and as in India people are not getting employment benefit from government so the government cannot force one to get a jo and even highly qualified don't get a government job now a days without paying under the table.

Now if husbands parents are a millionaire it does not matter and no one can force them to pay maintenance to daughter in law.Also please me noted that the daughter is also having share in her parents property so the parents of the girl cannot ignore her treating her as a liability as after marriage they get rid of the liability.

That was funny to read if a husband cannot earn why he got married..then why the woman got married to a man who cannot earn,she should look for anothen man instead of clinging to the broken branch

1 Like

satya prakash (Clerk)     05 March 2013

I heard recently this law got changed, now Wife dont have to pay it seems.

Kindly correct If Im wrong I will get relief :P

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