Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Babu (Law)     10 February 2012

Interim maintanence if no job?

Hi

Resigned due to pressure of false 498A. Maintenance case in court, what is consequences for awarding the Interim, if i filed lost job in Counter of Interim?

 

Babu



Learning

 11 Replies

M.Sheik Mohammed Ali (advocate)     10 February 2012

you can file petition aforesaid reason. if you have any property yourself, you must share with her.

**Victim** (job)     10 February 2012

@ Babu just like u all of us did this but you think court will listen us ? By not working you could delay maintenance but avoiding maintenance is hard one. Wht about ur movable or immovable property/ Bank account ?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 February 2012

You have to fight on multple counts- first you have no income no property and second your spouse has support of parants have sufficient means.

Go in revision.

Babu (Law)     10 February 2012

No movable and Immovable property on my name and maintaining zero balance in bank accounts

Thanks

Babu (Law)     10 February 2012

infact planning to ask maintanence from her, Because i lost job because of false 498A

dr.pawan rajyan (member and secretory)     10 February 2012

 

Unemployed man can't be forced to pay maintenance to wife : HC

 

 


An unemployed man cannot be forced to pay maintenance to his estranged wife, the Delhi High Court on Friday ruled saying that in an era of equality of s*xes a person cannot be compelled to maintain others if spouses are on an equal footing.

 

"Under prevelant laws, a husband is supposed to maintain his unearning spouse out of the income he earns. No law provides that a husband has to maintain his wife, living seperately from him, irrespective of the fact whether he earns or not," Justice S.N. Dhingra said.

 

The court passed the order while setting aside the order of a family court which had directed the husband, who was unemployed, to pay a maintenance of Rs 5,000 to his wife.

 

The court said the wife, who was equally qualified as her husband and was working in an MNC, cannot ask for maintenance from her husband who lost his job.

 

"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 both of them claimed to be gainfully employed before marriage," the court said while granting relief to the husband who was an NRI working in Angola in Africa.

 

"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 the other unless one is unemployed and the other is employed," the court said.

 

Source: https://www.deccanchronicle.com/national/unemployed-man-cant-be-forced-pay-maintenance-wife-hc-962

 


Source: https://news.in.msn.com/national/article.aspx?cp-documentid=4314490

 

Source: https://www.expressindia.com/latest-news/Unemployed-man-cant-be-forced-to-pay-alimony-HC/673385/

 

Source: https://timesofindia.indiatimes.com/city/delhi/-Without-job-man-not-to-pay-maintenance-HC/articleshow/6448441.cms                                                          FOR JUDGEMENT MAIL ME OR SEARCH AT GOOLE.REGARDS

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 February 2012

very good effort please use this inputs for your defense.

Chaitanya_Lawyer_Mumbai (Lawyer)     10 February 2012

If she is working & has sufficient income,you can file cross-petition for interim maintenance in HMA-24.

deb (others)     10 February 2012

if you begger / monk  you are bound to pay maintenance.i know a case u/s 125 where wife is a school teacher and husband is an unemployed . court allow and orded of   50 per cent of  wife's demand for  their only child as interim maintenance.

dr.pawan rajyan (member and secretory)     10 February 2012

child is to be maintainable by both parents equally,many judgements are there.regards

deb (others)     12 February 2012

CHILD is to be maintenable by both parents equaly is a bad in law, though a number of judgement have in favour of equal share of parents in terms of money only. child staying with earning mother and father if unemployed--- then  how can court ordered equal share of child maintenance on their parents? but it done.

again child with earning mother and if father also earning--- then court will not ordered equal custody of child--why? is it eqality? is it walefare of child? bad behaviour of child learned by her/his mother in the time of meeting with child is the wale fare of child and has any remedy?

in the name of child wALEFARE  wife are just playing game and spoiling some life incuding child---is it walefare of child?  IT IS NOTHING BUT A BLIND LAW   which destroying society. wife mis-uses law and her tools are her child.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register