Querist :
Anonymous
(Querist) 16 August 2010
This query is : Resolved
just to give you a brief about the case. one of my friend's wife has filed and maintenance case in Civil as well as criminal as she ia an advocate by profession and my friend had received a divorce from her on 20 May 2010. can she still claim maintenance and my friend is an unemployed person. could please help me with the answer?
Devajyoti Barman
(Expert) 16 August 2010
There is no bar for a divorced woman to claim for maintenance till she remarriage. The unemployment of the husband is no excuse to avoid maintenance.
Chanchal Nag Chowdhury
(Expert) 17 August 2010
Your friend is advised to appeal against the maintenance in a higher forum.
s.subramanian
(Expert) 17 August 2010
Yes. I agree with Mr.Barman.
According to the Supreme Court of India, a wife is not entitled to maintenance if she walks out of her matrimonial home willingly.In fact a lower court has ruled that an unemployed husband is eligible to receive alimony from his exwife who is gainfully employed.
Unbiased Advice
(Expert) 17 August 2010
Dekho Anonymous Ek Hai Legal Doosara hai illegal es desh me done hi sahi hai, Ab Aapko Chunna hi apna rastha.
Rahi Baat Courts ki mere hisab se es desh mey most idiotic jagah are Courts only where in Lower Court Judges are Wisdom less dummies whose Orders are reversed by Higher Courts in 95 % cases.
sanjeev kumar goel
(Expert) 17 August 2010
Mr. S. Subramaian do yuo believe in cut n paste theory as unfortunately i had gone through four or five of your replies and every place there is a noting except " yes, i am agree with Mr. ..............." don't you have your own opinions?
please don't take it otherwise as only i had written whatever came in to my mind after going through your replies.
thanks
Uma parameswaran
(Expert) 17 August 2010
Sustenance right cannot be restricted unless the divorcee gets remarried.
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