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rahul sharma (software developer)     02 February 2016

No money to pay for maintainance

HI Experts,

 I need your advice. one of my friend brother is facing a case for maintainance and marriage act in Delhi. and court has told him to pay 3 thousand as maintainance. But he doesnt have any earning due to his poor health condition and nor his family is supporting him and he is living on the mercy of god and few friends who are providing them food,medicines  and lawyer fees just for humanity sake. 

Now what he should do now he is quite afraid of going behind the bar. he already submitted his reports to judge . But she doesnt care about all this

How we can help him to get out of this.Your kind advice is really appreciated



Learning

 4 Replies

Anil Upadhyay (Lawyer)     02 February 2016

Put forth all facts related to the case and also put the reasons for dispute. 

What his wife do? 

What is her education qualification?

Complete order of Judge, if the order is pronounced for maintennace, then there shall be some reasons behind it.

Details about the Proofs submitted by the husband and wife..

..

 

jagannath magar   02 February 2016

Agreed with Mrs Renuka Choudhari mam

Vijay Raj Mahajan (Advocate)     02 February 2016

 

In Delhi courts there is a practice of filling detailed affidavit by both parties with regard to their income expenditure basis where the particulars of both parties have to be mentioned. This affidavit itself runs in to 40-45 pages each and the trail court has to consider the issue of maintenance for the spouse on the basis of both affidavits.

If the trail court in the particular case had the affidavit of both parties on its record and decided maintenance for wife @ Rs3,000/- per month it must be based on facts admitted or denied as well other factors like the financial status of both parties.

The husband is not physically well is one issue and his unfit financial status is another issue, a person who is physically not well can still be financially sound even if he has no present income (his savings or income through other sources) and similarly a physically fit person can be financially pauper, in that case he cannot be asked to pay for if he has nothing to pay.

The trail judge cannot decide the issue of the financial support just on the mere submission of wife, the submission of husband too has to be checked and confirmed before passing any order for maintenance against him.

The complete order of the maintenance has to be seen before suggesting any further advice in this regard.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     02 February 2016

No court will buy the factum of a man being incompetent physically unless you have substantiated your claim with reasoned documents. What documents have you furnished towards the physical limitations of the husband?


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