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raj kumar ji (LAW STUDENT )     31 May 2010

unemployed husband gave maintinance to her wife



 11 Replies

raj kumar ji (LAW STUDENT )     31 May 2010


G. ARAVINTHAN (Legal Consultant / Solicitor)     31 May 2010

Court never mind the income of Husband. It only deal with the circumstances of the case and award maintenance - a nominal amount as maintenance for wife and children.

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 May 2010

Apex court made a verdict in its judgement that husband have to maintain wife and children - he have to do anything - Beg, Borrow Steal to maintain them

raj kumar ji (LAW STUDENT )     31 May 2010

when the husband is un employed then how to court decide the maintinance of her wife ?

legaljoe68 (member)     31 May 2010

The law is very clear that the wife is entitled for maintenace only if she is not working if she is working than the wife is liable to pay mainteance to unemployed husbad. It is the sympathy of the Hon Family COurts towards females that enable them to get away with false statements .How can Court expect that husabnd to beg borrow. Every case has its own peculiarity. DOnt keep anything in ur name . If law favours them use loopholes in law to save ur self .


1. In some cases it is not the fault of Courts. Bze husband side never pleads S. 60 CPC which means what can't be executed Court can't not grant that as maintenance b eit under DVA / S. 125 CrPc / S. 24 HMa / S. 18 - 20 HAMA (period) :-)
2. An able bodied adult male is perceived to earn Rs. 4,500/-  as per Rajive Gandhi's Minimum Wage Act is preassumptions.
3. If Husband has incapaciated himself during or post maint. proceedings then it is discrition fothe court which is mostly in favour of wife's to grant maintenance.
4. There is something called staged Judiciary too which always remained tilted in favour of wife's (period) as whatever She says is the gospel truth and beyond that is all evil and ignored facts in hand. 

Arvind Singh Chauhan (advocate)     31 May 2010

Apex Court held -that-The word “Means” in 125 does not signify only visible means such as real property in the shape of income, revenue or estate or a definite employment- It includes the capacity to earn money- If a man is healthy and able bodied he must be taken to have the means to support his wife or child.

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 June 2010

Minimum a sum of Rs.3,000/- to be given as maintenance as a nominal amount

raj kumar ji (LAW STUDENT )     01 June 2010

ok thanks of all respected sir

Meenal Sharma (Hr Executive)     09 June 2012

if husband has left job merely to avoid maintenace for her wife then is wife liable out of his father's income ???

rajiv_lodha (zz)     09 June 2012

No way

She cant claim maint from FIL till his hubby is ALIVE

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