If Husband is not able to earn due to physical disabilty ,he is entitled to get maintenance from wife
In the objections filed on behalf of the husband the marriage between the parties and the occurrence of accident is not disputed. It is submitted that as a result of the accident the husband suffered a serious brain injury and remained in coma for some time.
The facts and circumstances of this case show that husband does not have any independent income and that the respondent-wife is in a position to pay maintenance to the husband in terms of Sections 30 and 31 of the Act. Keeping in view the respondent's own income and income from other property, the capacity of the petitioner to earn and the conduct of the parties I am satisfied that the petitioner is entitled to the grant of maintenance pendente lite, expenses of the proceedings and also permanent alimony and maintenance. The learned counsel to the respondent-wife has also no objection to the grant of the relief to the husband but has prayed that as she is in temporary service she is not in a position to pay either the expenses of litigation or any maintenance pendente lite or permanent alimony.
The facts and circumstances of this case show that husband does not have any independent income and that the respondent-wife is in a position to pay maintenance to the husband in terms of Sections 30 and 31 of the Act. Keeping in view the respondent's own income and income from other property, the capacity of the petitioner to earn and the conduct of the parties I am satisfied that the petitioner is entitled to the grant of maintenance pendente lite, expenses of the proceedings and also permanent alimony and maintenance. The learned counsel to the respondent-wife has also no objection to the grant of the relief to the husband but has prayed that as she is in temporary service she is not in a position to pay either the expenses of litigation or any maintenance pendente lite or permanent alimony.
Jammu High Court
Lalit Mohan vs Tripta Devi on 15 September, 1988
Equivalent citations: AIR 1990 J K 7
