Child maintenance husband fit and fine but not earning

Dear, Has husband deliberately left job? If he has then you can get, good amount.... But due to genuine reason he has left the job, maintenance could be granted but amount may get diminished.... You also have to show the requirements of child, bcoz you yourself are earning good amount..... Kapil chandna adv, 9899011450

Hello Kapil Sir, Well my husband has a history of getting fired from the job either due to non-performance or he leaves the job b'se he doesnt want to do the job being from a well-to-do family. Frankly he doesnt want to do any job even though his own parents and brother have tried their best to make him do it.  This is going on since last 14 years. He has share in family income from ancestral property as well but his brother controls everything so we don't get any anything. My son is also a 3rd generation legal heir to this property. I am stuck in between all of them and also living in a rented apartment paying rent of Rs.20,000 from my own salary. No one wants to take any responsibility.    Thanks Swati   Originally posted by : Kapil Chandna
	Dear, Has husband deliberately left job? If he has then you can get, good amount.... But due to genuine reason he has left the job, maintenance could be granted but amount may get diminished.... You also have to show the requirements of child, bcoz you yourself are earning good amount..... Kapil chandna adv, 9899011450

Dear NoName_123,       Do you think I can raise a child till he becomes a major only on my Rs.56,000 which is finished at the end of every month? You didnt pay attention I am paying Rs.20000 in rent.        If I dont claim anything now for the sake of my child he will become another perfect example of what my husband is now. In few years there will be another women on this website seeking advice.        My husband is fit and fine and as a women if I can work and take care of myself and my son....... so shouldn't he? My husband is setting a perfect example in front of my son that it is ok to be not responsible for your own family.        Just because wife is earning.... does it give a right to husband to refrain from taking responsibility of his own son?        Thanks for your time to put your comment to my post.    Swati      Originally posted by : noname_123
	You are getting 56,000. Then again you are looking for more money from your unemployed husband. It looks like you are more interested in his money and property than your husband. You don't know, but there is law in HMA, where an unemployed husband can claim maintenance from working wife. He has a higher chance to get maintenance than your false DV case.

It sounds  that I had already replied to your query in some other thread not long back.  Coming to the issues, that you have got a residential rights to live in the matrimonial home.  Hence, you need not to take a rented house and pay an exhorbitant Rs.20,000/-.  You file Domestic Violence case and there you seek residential rights, and if the necessity is there, for protection rights, so that in such palatial house (I presume),you and the child get a carved portion in that matrimonial home.  Now, in this case itself, you can ask for maintenance for yourself and your child (do not exclude yourself, if there was a diminishing life style after estrangement happened).  Your son will definitely get maintenance.  The quantum of maintenance cannot be spelled out exactly, as there are several things to be taken into consideration and much is left to the discretion of the judge.  But you must show the not just bare minimum expenses of the child, but his living standards had there been no estrangement ( a son's life style whose father is earning more than Rs. 1 lakh and the mother earning half a lakh) and the court will calculate the maintenance.  But you must list out the ancestral property which he would have inherited had there been any partition and the income available to him out of these estates.  If you do not want any residential rights and want to keep away from him, then you can go for your and child's maintenance under Section 125 Cr.P.C.  You may or may not get maintenance due to several factors, but the child will get good maintenance amount, despite his father is unemployed.  Do not forget to call for his bank statements in the court in the maintenance case.

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A very perfect observation and a very useful advise and suggestion given by learned Advocate Mr. Chandrasekar.  I fully endorse his views.

Besides,

Having regard to the income of the party from whom maintenance is sought, for determination of quantum: though the income as per section 24 of HMA does not refer to capital assets like land and house but return accruing from such assets is income.  Also, where a husband is able, bodied person capable of working, even in absence of his independent income, he can be supposed to have  income equal to the minimum wages.

The husband has a liability to maintain wife in the manner befitting his and her status, hence in this case though the wife is employed and earning a good salary, compared to her husband's salary and other income, she has to be maintained as per his status and thus entitled for maintenance amount for her too.

If there are properties lying in the matrimonial side as ancestral in nature, yor son is entitled to a share out of his father's share in that ancestral property.  as his mother and next friend of the minor son, you may file a suit for partition and injunction too seeking your son's share in the property and also protect his interest.

These things will certainly make your estranged husband to think about the practical issues and may offer to compromise the situation and may arrive at n amicable settlement, then see what best can be done.