Unemployed man can't be forced to pay maintenance to wife

thanx for thie gud judgement.

What if the man purposely quits his job to avoid maintenance and joins this very job or some other job as soon as the maintenance case gets over?

Becoz many men adopt this particular strategy on the advice of ther lawyers/family

@Aishwarya,

It's not like that. If you read the judgement then it is clearly mentioned that the passport of the husband was seized and he was not allowed to leave the country.

Please refer to the following paras of the judgement -

Para 3 - "He fixed this maintenance without considering the contentions raised by the husband  (as is stated in the order)  that  the husband  lost his job in Angola  (Africa) where he was working  before marriage because his passport was seized by police  and he could not join his duties back....."

Para 4 - "..... Under these circumstances, fixing of maintenance by the Court without there being even a prima facie proof of the husband being employed in India and with clear proof of the fact that the passport of the husband was seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting Investigating Officer as and when called) is contrary to law and not warranted under provisions of Domestic Violence Act.  "

thanks mr cool.

nice and appropriate answer.

@ cool

i m aware of this news and did not ask this question in relation to this news..i asked in general...

because this news simply  says"unemployed man cannot  be asked to maintain wife"...the heading doesnt talk of circumstances like in this case

i simply wanted to know if the guy purposely leaves job to avoid maintenace,then according to the court he'll be regarded as unemployed only...so will he be debarred from maintaining his wife even when he committed fraud?

 "even when he committed fraud?"

- where is the fraud?

"i simply wanted to know if the guy purposely leaves job to avoid maintenace,then according to the court he'll be regarded as unemployed only...so will he be debarred from maintaining his wife even when he committed fraud?

yes very perfect.

he is unemployed now, according to hma and hama, changing circumstances is a good ground for changing the maintenance order.

but where is the fraud?

..........IMAGINATION THAT IS THE CREATION.......   !!!

@ arup

- where is the fraud?

i think u dont understand simple english...i CLEARLY SAID . i m not asking in relation to this case...i can u explain again but i won't as i don't have the luxury of time like u do..u can ask any1 who's good in english to make u understand wot i meant..

according to hma and hama, changing circumstances is a good ground for changing the maintenance order.

again i wont clarify anyth. here as i already explained to Mr. cool wot i meant....

..........IMAGINATION THAT IS THE CREATION.......   !!!

its ur imagination..not mine....coz u dint understand the meaning of wot i said...so u imagined smth. based on ur  own circumstances and brought it out here..

PEACE....

(if u believe in it)

Cool down please.

@Aishwarya - A husband leaving a job intentionally, if proved by the wife, may have to pay the maintenance. He can't escape form his duty. But I don't think that anybody would leave his job just because he doesn't want to pay maintenance. It is possible that he will have to pay just 10,000 PM to his wife / child, he won't leave his 40,000 PM. Nobody would like to 'further' destroy his own career by leaving his job.

I BELIEVE IN APPROPRIATE ANSWER.

MEANINGLESS POSTING I DISLIKE.

ANSWER LOGICALLY  - IF YOU HAVE AT ALL.

@ cool

thanks 4 the reply..

i have heard from many legal people and also read news articles where many men do this to purposely avoid maintenace,esp if their incomes are v.high...

as they dont want to pay anyth/or pay v.meagre to their wives...due to revengeful attitude,since they dared to go against him n his parents...it's to make them suffer,as it's a clash of egos...they wud rather quit a high paying job,than to pay a wife...its more like punishment to her

@Aishwarya,

I was expecting such a reply form you. I am sorry to say that Whatever you have heard is not 100% correct. A husband who is well paid, would never dare to put his career on stake, rather he can do manipulations in showing his expenses. Have you ever seen a person working in a MNC, resigning just like that?

Now if you take my own example, I am also a false 498A victim. I was working in one of the top MNCs in India, best pay master in North India. I was among 70 odd people, who were forced to resign from the company, due to recession. I became the scape goat becuase of excess leaves (attending counselling sessions at CAW), wife approached the HR of my company, also I was not able to concentrate on work because a false 498A sword was hanging on me, my sisters and my ailing parents. I told the higher authorities in the CAW about the warning given to me in the office related to my performance but nobody listened to me. Finally, I became a criminal and within a period of 15 days, I was forced to resign also. Since that day, I am jobless and it is not that I am not trying for a job but it's all my luck that I married such a 'lovely' girl. All my savings have gone now. I have tried in so many companies but not getting through. There was a time when I was also well paid. I never used to think even once while spending money. Now I have to think more than thousand times before I buy anything. You can imaginge my salary as mY lovely wife has asked for 75,000 PM. Now tell me, from where I can pay such an amount. I would rather prefer to go to JAIL in lieu of that.

I do not want to gather anybody's sympathy here. I have just mentioned my own story to make you realise that a husband, who is well paid, will NEVER EVER leave his job. Facing money issues after having seen a luxurious life is very very tough.

After all...  it's life.....

@ Aishwarya

Kicking discussion.........cool lady....


I know Sanjay personally from last 2 years. You and others may not know the insight, that he has got LC / CC Report curtsey Ladyship Aruna Suresh. Ask Sh. Prabhakar what does LC / CC report on income of a husband means and how it is Ordered upon and how much it is difficult to even get one such Order. This was the evidence we placed before Lordship Sh Dhingra and opposite side could not refute just bze even SC can't negate a LC / CC report !


Got it..... Now admit it that a husband does not purposefully ideate / incapacitate himself like errant wives. If you in Delhi ring me up to meet Sanjay I will fix up this meeting, accept this challenge and you go over at leisure his entire certified paper book.

 

Cr. P.C. Sec 127. Alteration in allowance.

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit : Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.

H.A.M.A Sec. 25. Amount of maintenance may be altered on change of circumstances.

The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.

--- So much energy wested without going through the act  !!!

....... The said Judgement fully support the act. There is no scope of further auguement.

That's why i like to place the arguement logically.

@ arup

look i dont want to argue with people like u who are hell bent upon fighting

u wasted ur energies finding this particular section of law...good!

but i think u dont apply ur own logic....so i ask u again to find someone good in english who can make u understand wot i meant...wen i wrote to Mr. cool

and i m sure u wont do the same....u will come up again to counterblast in another manner.and dats wot ur fav. hobby is....dats i y i find u online since early in the morning till late at night.seems u have nth better to do...u start ur day fighting and arguing as it gives u joy and boosts ur ego....becoz some people get enjoyment just fighting....i shall suggest u to go and kill flies instead(makhi marna)

i dint reply to ur counterblast of 30th aug,22:06 as i dont believe in fighting endlessly....since u were expecting an argument from me wich u dint get,u again counterblasted me today at 7:19 AM....instead of praying to god to help u become peacfeul...wot a hobnby u have!

people usually in the morning pray to god or do some yoga and meditaion....but u come up on the legal forum to fight,without understanding simple englis sentences...in another thread by strength u r arguing with her if she caught her husband red handed in his affair or not..

she said that he's into adultry,which is known to his whole family...but u not convincved and simply fixated on whether she actually said she had caught them redhanded...

shows how obsessed u r that u fighting with every female who is not interested in ur immature and finicky replies.....when strength came up and told her story for getting legal advice,u welcomed her with sarcasatic remarks...wot a refined person u r!

its below my dignity to reply to a person like u who will just argue for the sake of arguing meaninglessly with no solution in the end....

its my advice to u to do some meditation daily...then ur reasonong  faculty will get sharpened and u will start looking at everyone with a humane touch

may god bless u!!

in a public forum you are requested not to to give wrong informations. people may misguide by it.

if this continuing, you will get appropriate answer.