Dear Radhakrishna,
There is no provision in law for wife to give maintenance to a jobless husband.Law does not prescribe for it.But it is only vice versa.Even though Charan is jobless Shailaja can clam and is entitled for maintenance from her husband.Go through this judgement of Delhi Court:
Being jobless is no defence for a man for denying maintenance to estranged wife under the Domestic Violence Act, a Delhi court has said.
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"The mere fact that he has no job at present, it is no defence for not paying interim maintenance to the wife," Additional Sessions Judge Deepak Garg said.
The court's observation has come while rejecting appeal of a man, an accountant who was allegedly thrown out by his private employer following registration of a dowry harassment case against him.
He had challenged a lower court order directing him to pay monthly maintenance of Rs 1,200 to his wife claiming that he had no means to abide by the direction.
The plea that she was well taken care of by her mother and brothers with whom she "willingly" went to live with also did not find any favour with the court, which dismissed his appeal.
"The fact that the mother and brothers of the woman are working and are earning handsomely, it is no ground to say that she is not entitled to any maintenance. Their incomes cannot be said to be her income," the court said.
It allowed the woman's contention that husbands are under "moral and legal duty" to maintain their spouses.
The court also took into account the Minimum Wages Act saying even a semi-skilled workman's income could be assessed to be at Rs 3,331 per month.
"The minimum wages must have increased over the years, and in my view, the petitioner's income could be assessed to be at least Rs 4,000 per month," the court added.
A complaint under the provisions of the Protection of Women from Domestic Violence Act was filed against the man and his family members, who were also facing dowry harassment charges levelled by the woman.
