Msk-need -nuetral- laws (self) 17 December 2012

Maintenance from diseased husband

Dear learned advocates,

Suppose a husband who is healthy at the time of filing pettition for divorce, suffers from diabetes and resigns job on that ground. Divorce is granted, but when it comes to maintenance, if he says unable to go to job due to type 2 diabetes, what will the lord's ruling to maintenance claim of wife?

He can produce proof that at the time of pettition has good health medical certificate from govt hospital and also diabetes hit during proceedings from govt.doctor

Please enlighten me

Regards

Mani

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5 Replies

Shantanu Wavhal (Worker) 18 December 2012

Beg, Borrow or Steal ...

a husband has to maintain his legally wedded wife & children

Msk-need -nuetral- laws (self) 18 December 2012

Amit,

if that's the cae, look at the below link

Jammu High Court

Lalit Mohan vs Tripta Devi on 15 September, 1988

Equivalent citations: AIR 1990 J K 7

https://www.lawweb.in/2012/12/if-husband-is-not-able-to-earn-due-to.html
If a physically unfit husband can claim why not diabetes 2 affected person avoid maintenance?

In fact husband should claim maintenance on such ground, right??

JASWANT VIJAY AGNIHOTRI (AIR ARMY) 19 December 2012

@ amit,

husband has to maintain his legally wedded wife & children.

and wife's moral responsibility is to enjoy on that maint.

what u said about, what is legally wedded wife, wife is wife both should co-operate each other, no need more and more money....?

Chetan Joshi (Advisory/Advocacy) 19 December 2012

This is 2012....And maintenance is a civil matter(unless not 125), no one gets a arrest warrant for not paying maintenance.....How can you compel a person to pay if he isnn't able to at the same time it cannot be avoided if one is capable of....

The facts and circumstance needs to be put in court and the rest is jurisprudence...

Regards

Chetan(dot)7679(at)gmail(dot)com