Maintenance

Maintenance can be awarded by the court. to maintain child.  Wife is the proper person to take care of the child,.  Court may also reject the plea of the husband.

Thank you Rajeevji for replying.  I was wondering would would be the quantum of amount that will be awarded even if the Husband is jobless?

Won't the court take into account  if the Husband provides evidence against the wife for filing false dowry?

The 125 crpc starts with "If any person having sufficient means neglects or refuses to maintain........."

Won't it be bad in law if the court awards maintenance especially when wife is earning handsomely?

Your wife is earning so she will nt get maintenance, BUT she may clame for child and he/she will get the same, Is your 498a is decided, if not then how u will prove that it is false( although it is false).

she must have clamed in 498 that u use to beat her demanding dowry etc etc.... It is a ground for her 125.

Because of false 498a Husband lost job and he has the documentary evidence to prove that the 498a allegations are false.

Hi Shiva,

 

Call me on 9620735556. If you have documentary evidence then approach the High Court under section 482 of CrPC but the documentary evidence must be of pure quality such that opposite party should not debate it in High Court else high court will not look into that materail.

 

Similar thing you may do it in trail court but you need to seek for further investigation on the specified allegation ....

 

Maintenance:

If your wife is working then she is not entilted for maintenancne and you may ask the court to pay that wife is earning and she can maintain the child being at present husband has no money, if stil maintenance is required to child ask the court to sell your body meat part by part and blood that may be given to the child. 

 

Approach the High Court and file a writ petition to seek mainteancne from wife being she is capable of working and earning and due to her you lost the job.

Else file divorce and seek maintenance U/s 24 and 25 of HMA.