karthik (divorce applicant) 27 November 2013

Maintenance to husband

Hi,

i have one query, suppose wife and husband both are private employees, wife filed 498a after 6 months of marriage, husband filed divorce after 2 years, later husband left his job as he unable to face the mental torture due to 498a, is he now able to file for maintenace from wife as wife is earning huge salary?

Is there any provision for husband to file for maintenance from working wife? if so in which circumstances husband is eligible to get maintenance from wife?

share me if any citations supporting my query.

my wife is not ready to give divorce, so i thought of leaving my job and file for maintenance, i do business for my livelyhood, actual thinking is i want to harass her this way then only she will come for settlement, i don't know my idea is correct or not, please post some suggestions on this, my wife earns around 70k per month.

Thanks in advance..

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8 Replies

great india (manager) 27 November 2013

1. Section 24 hma for interim during proceedings of hma cases But rarely granted and tht 2 if wife petitioner if proven beyond doubt

Pooja Hegde R. (Advocate) 28 November 2013

Not very wise because you will come across as a greedy person and this might go against you as you are already facing a 498A. Instead compromise through other means. Find a good lawyer and the lawyer will crack a good deal for you.

karthik (divorce applicant) 28 November 2013

i tried to settle this issue even contacted their lawyer to come for an settlement, but they are refusing for any compromise, their lawyers replying like they are earning good salary, so they dont want to settle this case they want to harass me and drag this case as long as possible, they dont want to live with me or give divorce to me i'm in deadlock situation, knowing the fact that cases can be dragged for years, i'm in dilema what to do next

sandykrish (Interested in Family LAW) 28 November 2013

@karthik, okay dont be apprehensive about the current situation. The situation will change over a period of time. The matrimonial battles are to be won physologically rather the law try to learn how to cope up from pressure when you are aware how to make a move you will enjoy your game. Be bold and face the situation as it comes. Face the trail based on merits once 498 a case reaches cross examination you will start winning the battle.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 28 November 2013

Under section 125 Cr.P.C. You can file a petition for getting maintenance.

T. Kalaiselvan, Advocate (Advocate) 28 November 2013

You are eligible to claim maintenance from her provided you do not have any source of income to maintain yourself but you have to rove including the fact that you are not capable to earn/employed.

A.VIVEK ADVOCATE (ADVOCATE) 28 November 2013

I think there is no apex court judgement in favour of the husband .

Shekhar (Proprietor) 03 December 2013

Miss Rakhi Version is correct. Under 125CrPC, You should file. But Dont be greedy. I have also filed the same. Initially under 24HMA, but judge told me to file under 125CrPC. Mr. Vivek, Pl refer to a Judgement of 6th Additional Family court at Bangalore, It has been awarded on 6th Of Nov 2013.

Regards

Shekhar

Bangalore

+919731110296