Maintenance --unemployed staying with parents

@ Crpc125_victim to my knowledge wife does not have any right to claim on father or mother's property.......i don't have much knowledge abt ur other questions so i am not going to answer them but i would love to see experts replying ur query

@ Author


1. You need to file affidavit stating the truth that you are un-employed and dependent upon pension of your parents staying at thir home and is in search of suitable Job or higher education whatever your parents in middle of these cases "support" you with.


2.  In Laws are not responsible to upkeep destitute / penury undergoing DIL. It is husband’s responsibility provided she gives valid reason to satisfaction of Court of her living separately from you as well as prove your ability to earn (income).


3. If property not on your name then ideate at that property but better to enroll in some vocational institute / higher studies "supported" by your parents pension money. That way you will be not required to meet maint. under S. 125 CrPC to your deserted wife as catena of Ruling there to this effect.


Fact of the matter is (which you call as strategy is) to enroll yourself in Local Area Employment Exchange with receipt of such enrolment affixed as annexure to para 1 affidavit. Keep applying for various Jobs as per your caliber and rejection proof from prospective employer annexed with para 1 affidavit. Do enrolment into some education course supported (fees paid) by pension of your parent(s) annexed with para 1 affidavit. Property is in parents name hence its attachment is out of que. by any stretch of imagination of a magistrate. Also offer yourself to any “Local Commissioner” verification (plead that fees of LC be fixed as per Rules and further it will be born by your wife as you are not in a position to even afford LC fees) to your ability and status voluntarily by way of adding such line to para 1 suggested affidavit to validate your overall truthfulness.


Now let us see how they counter above last para and BTW under S. 125 CrPC a proved by Local Commissioner duffer husband is not required to pay any maint.

dihnka chika dhinka chika......enjoy Crpc_125 stay unemployed and don't pay her..... !!!  

In a landmark case, re. Vimlaben Ajitbhai Patel v. Vatsalaben Ashokbhai Patel, (2008) 4 SCC 649, the complainant filed many cases against her husband and in-laws and got a maintenance order of Rs.10, 000 per month. The husband had undergone severe monetary losses in the U.S. and the father-in-law had to frequently go to overseas for medical treatment. The husband was granted bail by the Court, but he was prohibited from leaving India without seeking prior permission of the court. The husband applied for permission to go abroad, but he had to leave before the permission could be granted due to his father’s medical condition turning worse. The court ruled in favor of the wife and declared her husband an offender and issued a public notice to the effect that, if the husband fails to turn up within 30 days, the property owned by him will be sold at a public auction. However, the twist in this real life drama is that the property was not owned by the husband but by his mother. The husband did not appear within the given time period and the property was sold off. On return, the husband appealed against the decision of the lower court. The wife claimed that under the section 18, of the Act, she was entitled to claim maintenance from the inherited joint family property. The Apex Court held that mother-in-law is not liable to maintain her daughter-in-law and it was illegal to sell her property without her consent for execution of the maintenance order. The sale was revoked and the ownership of the property was restored back to the mother-in-law. The court also directed the daughter-in-law to refund back Rs.1 lakh of the sale money that she had withdrawn. Further, the court ordered for disposition of all earlier cases against the husband and his family and held the complainant liable to pay Rs.50, 000 as the costs of the legal proceedings. .

Great sir......very nice example for us here......lot of foreigners as well as NRI'S keep worrying about their parents property and wife's in india always try this tool to snatch their husband from foreign.......!!!

When husband is alive wife cannot claim maintenance from her in laws.  Being a husband it is his duty to maintain his wife, he canntot say he is unemployed etc.,

@ Mr. Rajoo......so what happens in actual proceedings if husband is not working neither he has any property if he is already broke financially then what court can actually dig out of husband ?

I have seen some good examples in TV a program called "APKI KACHERI" where kiran bedi actually helps family financially to rebuild their future.

I would like to know if there are any programs conducted by indian government in order to help husbands earn money and rebuild their future ?

When man is not earning, there does not arise any question of any sort about maintenance. Also there is no property owned by this gentleman, so its not a case made out for maintenance.

By the way, what about wife's income? Try to find if there are means available with which she can maintain the husband, like she is earning or may be she can allow the husband to live with her parents

When husband has the duty to maintain her, doesnt she also has the same duty when he needs her? May b CrPC125 was made soooo long back when it was considered a pious obligation of the man to maintain under privileged persons like aged old parents, wife etc. But not this pios obligation has been done away with as per Amendment Act 2005, so why there is a compulsion that only a husband should maintain the wife.

If he doesnt earn then the wife should maintain him.. isnt it ?

//peace

/Saurabh..V

According to mr rajiv  "Being a husband it is his duty to maintain his wife, he canntot say he is unemployed etc.," but so there were no laws that directly says that husband has to maintain his wife irrepective of whether is employed or unemployed and there is no direct laws mentioning the duty of the wifes "

Even in 125 crpc (1) If a person has sufficient means neglects or refuses to maintain his

a.) his wife who cannot maintain herself

and in sec 125 crpc(4) No wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Even in this section it is clearly described that a person who is having sufficient income only needs to maintain his wife ,only in the case if the wife cannot maintain herself ,so if he proves that he is unemployed how court can order him to give maintenance .And in sub sec(4) no maintenance for deserted and adultery wifes.

In Sec 24 of Hindu marriage act ,It has been decribed that a husband can also get maintenance and litigation expences of the court from an earning wife .But in our country mens maintain their dignity so 99% of men were not using this provision .

Dear Raj Kumar,

I am already using this provision in Patiala (Judicial COurt) But Judge Mr Vivek Puri has dismissed my revision (crpc 125 ) maintaince amount 2500 p/m.

Now What can I do

Mr. Jagmail singh thank u for sharing this forum i really appreciate for sharing it

on what ground he dismissed ur petition ? can u explain the facts of ur case breifly

Mr. Jagmail we are counting on you please share the legitimate reason under which judge Mr. Vivek Puri dismissed ur revision......

Dear author

     above many members has adviced you how and under which section maintenance from wife can be claimed.If you are unemployed yet married your wife  must be earning...otherwise why and how two unmarried people will get married??

If so file cases to get money from wife and maintain an affair with a unmarried girl because there is no bar in having affair with unmarried girl in IPC.In the mean time if your wife found having affair with another man then file case u/s497 to punish him.