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Kulveer ( )     29 March 2010

Maintenance

Hi Guys,

 


If person do not own any property, no bank balance & also lost his job (so no income now) before 498A, DPA & DV going to court, can court still order maintenance to a girl, if yes than on what basis, as person is not having any job at this time. Girl is an MBA and was working before marriage but not working now.



Learning

 6 Replies

Arvind Singh Chauhan (advocate)     29 March 2010

Courts held that husband liable to maintain his wife even he is a begger and have sound health if wife is unable to maintain herself.
 

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     29 March 2010

Ya Mr. Arvind is right. But is suggested that if you wish that maitenance amount will be fixed less than 5000 Rs., engage a  good lawyer. He will tell you the techniques.

Vikas Malhotra (b)     19 April 2010

In Kulveer question what if man having responsibilities of parents as well? In todays society we talk about equality and as the men works, womens also works. Moving the home ahead wife responsibility is the same as the husband. Another thing is if husband ask for money then its call dowry but when womens get the money from husband its called stri dhan or maintenance.

In a country like india where we talk about equalities and prefer that thousands of guilty peoples may be leave but not even a single innocent person should get punishment. is it right to put this pressure on husband where a wife having full chance to misuse this law and they are doing it also and most importantly still the law in favour of them

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 May 2010

One Judgment of Supreme Court says " Beg Borrow or Steal to maintain Wife and Children"

 

Court can arrest that husband

sridher (system analyst)     10 January 2016

the how simply the court says to steal the money?

Sidharth   10 January 2016

Courts generally don't deny maintenance,  but it all depends how you represent your case in court There are many judgements which may help you. 

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

 

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