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Aditi (Proprietor )     02 November 2013

Instead of maintenance can i ask him to do job where i want

Hello 

My hubby is asking for Maintenance from me as he is jobless can i tell in the court that do the job where i can make him plz advice whether court will permit me this or there is any law he can refuse to do so. 



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     02 November 2013

If you are earning sufficiently and the sources of our income is proved to the satisfaction of the court, the court may at its discretion order from maintenance.

BAALASUBRAMANNYAMM (Advocate)     02 November 2013

The Constitution of India, given equal rights to both the genders(male & fame or to say husband or  wife). Hence if the wife is an earning member, where husband is not an earning member, in a case where carried  before a court law, the husband is entitled for maintenance from his wife. Here your "offer" is not an acceptable one. 


(Guest)

Try asking him to join you.  Try telling this to the judge.  but am sure he will not listen to your wonderful offer you have come up with for your husband, but be prepared to go to jail for not paying alimony to your husband.  Law works both ways !  Buy some mosquito coils now itself !

Ranee....... (NA)     02 November 2013

A MAN OR A WOMAN COMPETENT TO EARN IS NOT LIABLE FOR GETTING MAINTENANCE.THERE ARE THOUSANDS OF CASE LAWS IN ITS SUPPORT .SEARCH THIS FORUM .YOU WILL GET AND USE THEM IN COURT.

aLSO YOU CAN DO one thing,

say in the court that you are ready to Accept him back .If he does not agree then he wont get maintenance.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 November 2013

Dear Aditi 

he can claim the maintenance u/s 24 of Hindu marriage act & it is mandatory that any case under Hindu Marriage act should be pending before court. its depend on the court to see the matter according to facts & circumstances.

Vidya (ss)     02 November 2013

Mr. Shekhar M,

feel yourself sham to being a man you are not supporting for a guy who don't have any income source.

he has every rights to ask for maintenance. it front of law men and women shame.

I think you are still not matured. first try to develop yourself and try to look at all genders equal then post your suggestions.

Madam Aditi,

don't try to go in smart ways ...he is not your worker to ask yourself where you like to.....

when you are seeking equal rights pay to him....post his contact number if possible I give my best support to make him win.

Life has only performance ...no rehearsal ...don't try to sh*t yourself on it... go and compromise ...live happy

T. Kalaiselvan, Advocate (Advocate)     02 November 2013

Denying the maintenance amount to your husband on the basis of your proposal to get him an employment will not be a ground to dismiss the maintenance petition filed by your husband.  First pay the amount ordered by the court and afterwards get your husband a decent and suitable job as per his educational and social status and then depose that he is not entitled to claim maintenance amount from you.  It will be justified then.

Ranee....... (NA)     03 November 2013

Ms Aditi, he has right to ask maintenance.And you have right to deny the same on some grounds.Go through 100 queries on maintenance in this forum , all those grounds will be clear to you!:D:D

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     03 November 2013

equal right is a law, 

but law favours weaker section i.e. Woman . 

 

Till date Amount collected and paid in court 

99.8 % paid by man, received by Wife.

 

Rarest & special cases , especially sick/ with incurable diseased, unable, handicapped by accident etc, , that to 2 in 1000 mtn cases, Lady paid to her hussy. 

fighting back (exec)     03 November 2013

@shekhar malhotra........and what is wrong if the husband asking for maintainence. for a change, someone is challenging this very baised law of the land, self respect ka kya aachar dalna hai kya??? where is the self respect, when highly qualified woman, goes around with a begging bowl in her hand to get a few thousand rupees from a much lower qualified husband, and he is skinned in court if he is not paying it.

Mr Shekhar, i think you have not tasted the medicine that a woman can give to a husband, 

You are not matured and not experienced enough to comment on such a wicked thought of the author, once you get skinned yourself, then please come back and comment with fresh thoughts......

Samir N (General Queries) (Business)     03 November 2013

You are going to pay maintenance to him and not him to you? Wow! Where were you when I was looking for a wife?


On a serious note, the law allows that but it is highly unlikely unless, as someone has pointed out, that he is sick or some such circumstances. Do not take it lightly. File your response with his qualifications and any other information that you may have. During cross-examination, ask him where he had applied for a job? The rejection letters or emails he received... you get the point I hope. 


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