Husband left the job???
SANJAY DIXIT
(Querist) 20 June 2008
This query is : Resolved
One of my lady client's husband was doing a job in an mnc as dy general manager at the time of filing the case u/s 125 crpc.
After receiving the notice of the said case , he resigned from the job. He produced the resignation order in the court showing that he is now unemployed.
Now he is working at any other place in some other company but it is not possible to search his present job.
I've read any where a case law in this regard that in these circumstances when husband is tech. qualified and well experienced, his status would count as he was serving. I'm not remembering the same at this time.
May any of the hon. members help in this regard.
Your suggestions are also invited.
Srinivas.B.S.S.T
(Expert) 20 June 2008
Yes his qualification can be considered while calculating the quantum of alimony, but at the same time the otherside will argue that his earning capacity is zero as he left the job. You can obtain nice quantum of alimony if you can prove that he resigned his job after receving the summons from the court in 125 case.
H. S. Thukral
(Expert) 20 June 2008
Dear Mr. Dixit
'Sufficient means' in section 125 does not mean that a husband should have good pecuniary income. It also means he should be able-bodied and has capacity to earn. Capacity to earn is proportionate to the qualification. Therefore even if a person is unemployed but otherwise capable of earning he shall have to maintain his wife.
You can go through 1990 CrLJ 2065 MP (DB). It might heelp you.
SANJAY DIXIT
(Querist) 22 June 2008
Thanks dear Srinivas & Harbhajan for your kind suggestions.
