Naresh (In search of job) 09 July 2010

Unreasonable maintenance ordered

Sir,

Rs. 5000 pm ordered (29.06.2010) in my interim maintenance case u/s 24 HMA, inspite of me telling the family court that I am jobless. I don't have a job, I am going for further education (MBA), through ICET-2010 conducted by andhra pradesh govt. Though, results are out, the counselling dates are not yet announced, In this scenario, how can I prove to court that I'm currently jobless and I'm going for further education. I have a rank-card and hall-ticket issued by ICET convener.

(1) I am going for appeal, please tell me, if the high court accepts rank card and hallticket as a proof ?

(2) Though maintenance order came on 29.06.2010, certified copy is not yet issued to me till now, I have applied for it immediately. Can I get more time for appeal due to court delay in issuing the certified copy? court ordered to go for appeal before one month from the date of order!!!

-Naresh

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5 Replies

Adv Archana Deshmukh (Practicing Advocate) 09 July 2010

A husband being jobless is no reason to deny maintainance. Thought it does affect the quantum awarded, but if the wife is unable to maintain herself, the husband is bound to provide her maintainance even if he is jobless.

(Guest)

Don't see it unreasonable Order bze all orders pops from pleadings and if pleadings are weak then what one can expect. However I am not discouraging you in any way see it as opportunity in disguise.

1. Now use AIR1998 Pat. 145 Sadhana Devi Vs. Bijendra Kumar & Ors. before HC In this leading case both Husband & Wife are students. Since being a student, husband is still dependent on his father for his own educational & other expenses, thereby held that he is not in condition to handle wife's expenses.

2. Take help of a better family court adv. by searching databse of LCI (may be for HC purposes).

All the best.

Regards

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G. ARAVINTHAN (Legal Consultant / Solicitor) 10 July 2010

you need to pay maintenance from the date of the interim maintenance petition.

No question about the delay in copy of order

Challenge can be made in High Court under 227 of Constitution of India

Mrs. Hetal Sunil Shah (Advocate) 10 July 2010

All are right and it is right decision of court What is available in rs. 5000/- as on today. It is minimum amount. You are husband you should maintain her and if you can maintain pay for maintenance.