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Kaatu Poochi (Kaatu Poochi&Co)     17 June 2014

Unemployeed Husband claim maintenance from rich wife

Can unemployed husband claim maintenance from rich wife. What is the ground and legal procedure. My wife in her another case she mentioned  have good property in her fathers name. And she also have bank fixed deposits in her name. It's only proof my side. Shall I ask maintenance from my rich wife. Can a husband claim maintenance from rich wife u/s 125 crpc?



 15 Replies

legaljoe68 (member)     17 June 2014

no under law you are not entitled to get maintenace from your rich wife .you can hpowever get the maintenance under section 24 of the HMA . try this 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 June 2014

Yes, u can

Advocate Ravinder (Advocate/Attorney)     18 June 2014

The husband can claim maintenance from his wife, but according to his status and not more than that.

Savitha (software)     20 June 2014

Hi,

I have a question if the husband had lost his job before Marriage. and not communicate about it.

only wife discovers it after 2months of marriage. should we still give maintenance.

In my case my husband had lost his job before marriage which was not communicated to us. i found out after 2months of marriage.

 

Plz suggest.

 

Regards

savitha

Adv k . mahesh (advocate)     20 June 2014

kaatu poochi i my view if wife is working and drawing a handful of salary then only you can claim maintenance from her and not from property you can claim maintenance from you father in law 

savitha means you are working then he can claim maintenance from your end 

Kaatu Poochi (Kaatu Poochi&Co)     20 June 2014

Sir,

What does mean below the link.

 

https://timesofindia.indiatimes.com/life-style/relationships/man-woman/Rich-wives-pay-alimony-to-hubbies-to-end-marriage-asap/articleshow/35114784.cms

Rich wives pay alimony to hubbies to end marriage asap

1. How can I get maintenance from my rich wife (She is not working anywhere)

2. In the DV Petition my wife mentioned she have valuable Bank fixed deposit (That is true she have above 1cr in her name)

3. And lot of property her father name

4. Is the petition is witness of me to proof my wife is Rich (Really she is rich family)

I am poor unemployed. My wife family harassing me last one year. I can n't able to sleeping good. I dont want others money I am nt that type of person I want to teach my wife family.

If Yes what is the legal procedure??

T. Kalaiselvan, Advocate (Advocate)     21 June 2014

@Kaatu Poochi:  Your wife may be having heavy wealth but is she deriving a regular income out of her wealth, is she an income tax assessee?,if so, at par with your status you can seek maintenance from her.  What is the revenue derived from her fixed deposits, if it is assessable income, you are eligible to claim maintenance from her.  However, what do you mean by poor and unemployed?, who asked you to not be employed?  Instead, challenge her DV case and other false cases against you in a proper way.

T. Kalaiselvan, Advocate (Advocate)     21 June 2014

@Savitha: Your unemployed husband can claim maintenance from you out of your salary income.  The question is not about his lost job or he cheated you, his present status is that he is unemployed without any income to maintain himself.

Q Slinger (NA)     13 July 2014

I filed HMA 25 against my wife. She is employed and I am not. Now, before you jump to conclusitions, she filed false 498a and DV cases on me to begin with. 

To give her the taste of her own medicine I filed HMA 25 but idiot judge is not accepting the case. He wants judgement where a husband successfully claimed HMA 25 from his working wife, before he will proceed with the case. 

 

So even if you file for maintenance, its highly unlikely that judge will give it in your favour. However, if the lawyers with experience with this sort of thing can comment or comment on how I can successfully get the case accepted, that would be great.


(Guest)

Husband can definitely get maintenance or alimony under section 24 and 25 hma if he proves that he uncapable to maintain himself according to the status of wife earnings and wealth.

Here is the catch under hma which is neutral for both husband and wife whoever has no sort of earning post msrriage, but any case should be filled under hma then only husband could get the benefit.

There are few sc and hc judgemdnts pertaining to the said case.

 

ESIS

1 Like

Kaatu Poochi (Kaatu Poochi&Co)     02 August 2014

Sir, have you the Judgements kindly share with me.


By

Kattu Poochu

Samir N (2HelpU) (Business)     02 August 2014

@kaatu, I fully support Adv. Kalaiselvan's opinion. Putting it in different words, neither a husband nor a wife can file maintenance against the other person merely because his wife/husband is "rich." The important factor for considering maintenance is income and not  assets. There are a host of other factors that come into consideration. I believe that maintenance is one aspect of Family Law where a good advocate can bend the case in your favor by relying on the right laws and interpreting facts to your advantage. 


On a different note, a man filing maintenance against his wife, no matter what her financial status is, is frankly despicable, no matter what the law provides. The only exception would be if she has filed false criminal cases against you and you have prevailed in those cases. Not getting sleep, not getting employment, bla... bla... bla... are neither morally nor legally acceptable.  Most judges would look at you as a loser and your other cases will also be impacted adversely. 

1 Like

(Guest)

@kaatu,

1. A husband can definitely get maintenance from her wife if she is much richer than her husband respective of assets and bank balance, source of income, higher status etc etc.

2. A husband can definitely get maintenance from wife if he is physicaly unfit to earn for his livings and his wife is earning.

3. A husband can definitely get maintenance from wife if he proves beyond doubt about his unemployment and at that time wife is having source of income.

 

PS: All the above relief can be got from U/s 24 and 25 hma only If any suite is filled under sections of hma 1955 exclusive 24 and 25 hma during the pendancy and final disposal of cases.

 

Go through the following links to get your answer:

 

https://terminatorak.wordpress.com/2012/03/12/wife-to-pay-20000-maintenance-to-husband-us24-hindu-marriage-act-delhi-high-court/

 

https://m.rediff.com/news/2005/nov/17hus.htm

 

 

https://everysuffererisasaviour.blogspot.in/search/label/Denial%20of%20Maintenance%20and%20alimon

 

https://everysuffererisasaviour.blogspot.in/search/label/List%20of%20More%20than%20100%20Judgements%20where%20Maintenance%20denied%20to%20wives

 

https://timesofindia.indiatimes.com/city/lucknow/Wife-to-pay-maintenance-to-husband/articleshow/1299798.cms

 

GOOD LUCK))

ESIS

Kaatu Poochi (Kaatu Poochi&Co)     02 August 2014

Thank you very much


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