If a husband is unemployed and wife asks for maintainance, what to do?
Guest
(Querist) 03 April 2013
This query is : Resolved
I am currently unemployed and had left my previous job because of my wife had done adultery with my boss. And currently doing intership, no sure about the job. and started fighting my case in family court. So if my wife asks me to give maintance, what should i do?
Raj Kumar Makkad
(Expert) 03 April 2013
You are bound to pay what ever the circumstances with you may be. I think you should get rid of such type of wife who had indulged in adultery.
You have not mentioned who ha filed case before family court and what are the contents of the case.
Guest
(Querist) 03 April 2013
I filed the case against my wife.
I read somewhere that if a husband is unemployed he should not be forced to pay maintinance.
Raj Kumar Makkad
(Expert) 03 April 2013
It shall be good for all of us if you post that judgment here.
Why have you filed case against your wife?
prabhakar singh
(Expert) 03 April 2013
Forget the story you read.First right to maintenance vest in WIFE only.
BUT
In a divorce proceeding under HMA an unemployed husband can also claim interim/permanent maintenance from wife if she is employed.But in case both are unemployed,it is husband under duty to provide the same to his wife.
Guest
(Querist) 03 April 2013
Sir actually my case has been just started not even have gone to single hearing.
I filed a case of Adultery on my wife done with my boss.
She was personal Secretary of my boss.
My wife is passionate lady for name, money and power.
Proofs i have.
Her Facebook Conversations with my boss.
I had a conversation where she accepted her extramarital relation with my boss, i recorded it in handycam.
also she confessed in her personal dairy how she feels after doing it and made some confessions.
some personal photographs of my boss on my wife cell.
I have filed this case in family court 19 dec 2012 and filed an NCR where my wife and her parents can file some fake case against me. what they did.
currently i am unemployed no job, living my life on my retired parents.
Please help me..
Raj Kumar Makkad
(Expert) 03 April 2013
As your wife is employed so you need to file a separate petition under section 125 of Criminal Procedure Code against your wife for the maintenance and let the family court decide it.
V R SHROFF
(Expert) 03 April 2013
UNDER CHAPTER III MAINTENANCE under sec 18(3) of HAMA, 1956, your wife is not entitled to any maintenance from any one.
Guest
(Querist) 03 April 2013
Sir please guide me
What if my wife leave her job and go back to her parents?
Am i entitled to giver her maintenance, even if i am unemployed and has no source of regular income?
Not even have any property on my name.
What should i do?
Or else i have to sell myself...
ajay sethi
(Expert) 03 April 2013
the fact that wife is well qualified and has been working in the past will go against her if she leaves her job for sake of claiming maintenance .
better ask your wife for divorce by mutual consent . no sense in washing dirty linen ion public
Sudhir Kumar, Advocate
(Expert) 03 April 2013
http://www.lawyersclubindia.com/experts/Can-a-wife-claim-her-husbands-parents-property-if-husband-is-unemployed-and-incapable-to-pay-alimony-382796.asp
http://www.lawyersclubindia.com/experts/If-a-husband-is-unemployed-and-wife-asks-for-maintainance-What-to-do--382816.asp
http://www.lawyersclubindia.com/experts/Misuse-of-498A-My-wife-put-several-false-allegation-on-me-Need-Help-382801.asp
why do not you put facts in on thread. Why you want half advise on every sentence.
Raj Kumar Makkad
(Expert) 06 April 2013
Even after repeating this query many times as indicated above, you have failed to put entire facts at one go.
Guest
(Expert) 06 April 2013
If you are unable to put full facts of the case for analysis by the experts, you may better pay the maintenance, rather than wasting time of all others in repeating your hypothetical query severally. Any opinion in legal issues is possible to be made only after knowing the full facts and background of the case. Moreover, it is not proper to form any opinion on mere presumptions of a student, as by the term "IF" you are asking merely a hypothetical query. Ask experts only when you are actually made to face the problem.
Moreover, if you are doing internship with some lawyer, better discuss the matter with him for your full satisfaction.
