Husband not employed--wife maintainence
Rishi Awasthi
(Querist) 14 February 2013
This query is : Resolved
Hello Fellow Advocates,
I have a very bad case, please help me. I am fighting from the wife side. Family is Hindu and husband has filed divorce for cruelty by wife. I filed section 24 Hindu Marraige Act. Husband is MBA+Enginner with more than 10 years experience and was working as Sr. Manager in Software company at 12 lacs pa. Apart from this he also did consultancy, he purchased 4 cars.
The court ordered him to file his salary slip to check his income, he delayed the case for more than 2 years on one pretext or other. Now when the court said that we will pass an order. He has given affaidaivit that I am not employed any more. I am unemployed. I cannot file my salary slip, thus I cannot maintain my wife. Wife is from village background 10th pass, medium family, cannot work as she is uneducated and unskilled. I am sure that he has definately changed his job as nobody resign from good company and post without any reason. But we cannot get any proof.
Now after delaying the case for 2 years can it be allowed that he can go free from his duty to maintain wife. Is there any judgement?
Rishi Awasthi
(Querist) 15 February 2013
Divorce case is 3 years old. Section 24 HMA was filed 2 years ago. Can in any way the previous year, the first year maintainence be also claimed by asking the claim in section 24HMA??
ajay sethi
(Expert) 15 February 2013
you hsould make an application claling upon husband to produce his income tax retruns for last 3 years . draw attention of court to 4 cars maintained by him . the fact that he was in a senior position in a corporate and earning 12 lakhs a month .
husband would be bound to pay maintenace . merely because he is now un employed wont help him consdering his previoys work expereince and his qualifications
Rishi Awasthi
(Querist) 20 February 2013
But nowdays in our Delhi Courts it has become very difficult for the wife to have a maintainence, i also got some judgements against the wife, any judgement where a man who acts unemployed to deny maintainence to wife is ordered by court to give maintainence.
