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seertharaman (Lecturer)     11 March 2015

Husband jobless wife governt employee ask maintanence child

Dear Advocates ,

I filed for divorce against my wife and the case is in court ,due to complaint given by wife , FIR was registered in the following sections 406,506(ii),498a , against me , my father mother and sisters in my jurisdiction. police is enquiring the case , my jurisdiction is different from  wife jurisdiction Her allegations were totally false , due to FIR filed againist me  i lost my job

in between me and my family members received summons separately from a court of wife jurisdiction stating that wife has filed for maintenance for her and child , wife is a central government employee and earns Rs 42000/ month and enjoy other benefits of central government

for a maintenance case  why all family members were called for court for enquiry instead of me

i dont have job now on what basis the maintenance for child will be calculated



Learning

 20 Replies

saravanan s (legal advisor)     11 March 2015

usually maintenance will be decided by the court taking your consideration your income, assets etc etc.even if you dont have job you need to pay maintenance for the child but not for wife since she is working and you have to prove that in court.if you feel that the maintenance is excessive you can file a modification petition in the court to change it

SAINATH DEVALLA (LEGAL CONSULTANT)     12 March 2015

Your wife cannot demand maintenance for herself as she is a central govt employee.Is the child under her custody on her request or ordered by court.If  U have given the custody of the child volountarily even if U are unemployed U have to take care of the child.If she has taken custody of the child on her request or by force,she has to bear the expenses of the child.Regarding her maintenance,she can send a notice to U but not the other members of UR family

Adv. Chandrasekhar (Advocate)     12 March 2015

I cannot understand how an unemployed father gives maintenance to the child who is under the custody of working mother earning good salary.  If you are really unemployed (but you describe yourself as lecturer) and you lost your job due to the criminal cases filed by her, you have to prove these two facts before the court convincingly to evade the payament of maintenance to the child.

vijay (M)     12 March 2015

Husband is jobless and wife working, ask for maintenance from the wife.

MUKUND KUMAR (Lawyer)     12 March 2015

1. What is the age of your child ? 2. Who claimed custody of child, you or she ?

T. Kalaiselvan, Advocate (Advocate)     14 March 2015

It is not understood that how your parents are summoned for maintenance case?, whether you people appeared before court after receiving summons?, what was the case? have you been issued with petition copy?  Did you ask your advocate about this?, come back with details so that you can get proper opinion to your query.

Biswanath Roy (Advocate)     19 March 2015

Your query is confusing . Hence , give full details for appropriate opinion.

vishnu (EE)     21 May 2015

Your wife is working don't mean that you can escape maintenence. It is established principle that able bodied husband has to pay maintenence to wife & children. 

 

Biswanath Roy (Advocate)     21 May 2015

If you have no job court shall direct you to do labor's (coolie) job and to pay maintainence to your child. Under no circumstances you can escape from the payment of maintainence of course you can raise a legal point that as your wife is earning she is also legally liable to pay half of the manintainence of your child..

SAINATH DEVALLA (LEGAL CONSULTANT)     22 May 2015

I may be contradicting my earlier reply:

 

A man, though jobless, should pay maintenance to his wife as ordered by court in divorce case, Madurai Bench of the Madras High Court has ruled.

Justice G Rajasuriya said the husband cannot claim that he was poor, in order to dodge his responsibility of providing monthly maintenance to his wife.

"A husband has to take care of his wife somehow or other even if he is jobless," the Judge.

He was dismissing a civil revision petition filed by the man challenging the March 3 last order of family court, before which the couple have filed divorce petition, directing him to pay Rs 2,000 as interim maintenance.

The Judge also rejected a petition by the woman seeking enhancement of the interim maintenance to Rs 7,000.

The man had pleaded that he did not have the source to pay the maintenance ordered by the lower court.

His wife said the maintenance ordered by the court was too low.

In his order, the Judge said: "A hale and healthy man is expected to work to maintain himself and his dependants. He has to maintain his wife who is incapable of maintaining herself. Somehow or other husband should maintain."

Rejecting the prayer for enhancing the maintenance amount of Rs 2,000 granted by the lower court, he said the plea was justifiable if there was clinching evidence to prove that the husband was well off.

The petitioner did not produce any such evidence to prove that her husband had enough money, he observed and confirmed the maintenance amount granted by the lower court.

Besides, the Judge also directed the man to provide Rs 3,000 to his wife for paying the cost of litigation.

The Judge directed the family court to dispose the divorce petition, pending since 2007, in three months.

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 June 2015

"A hale and healthy man is expected to work" - Then Indian Courts should preserve job for them laugh.

 

 

1 Like

Biswanath Roy (Advocate)     03 June 2015

Roaring within the cage of Rules of Law is simply crying in the wilderness.

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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 June 2015

Mr. Roy Sir, as you are a senior advocate,

 

Please give us sample petitions, grounds and data so that we can sue in both Supreme Court for PIL and International human rights courts to prove these laws are crime against humanity. 

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Biswanath Roy (Advocate)     04 June 2015

PIL petition will be in the same format as it is in writ petition under Article 226 or Article 32 of the Constitution of India.  In this connection you may visit The Secretary, Legal Aid Society, Supreme Court of India for help.

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