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How can a husband state the he doesnt have a job and refuse to pay any settlement amount for a mutual divorce

I have 2 kids and asked my husband to pay for education he refused saying he doesnt have a job
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Divorce
Posted on 15-Jan-19
U
Advocate Uttam
Answered on 16-Jan-19
There are many judgement which says he can not escape from his libility . If he does not have job still he has to meet his liability.
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Advocate Deepti
Answered on 21-Jan-19
File an application in the court through your lawyer stating that u r not getting the maintenance..
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Advocate Sanjay
Answered on 25-Jan-19
Dear Client, you may ask through your lawyer about his earlier jobs and also his capacity to earn based on his education. the court may ask to pay a lum sum amount for your and children maintenance. This is his liability too, which he has to fulfill. He can not deny or rid off from his responsibility and liability.
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Advocate Ajay N
Answered on 16-Feb-19
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. A jobless husband cannot deny maintenance to wife, but a jobless wife can claim maintenance from husband. In Shailja & Anr. v. Khobanna case, the Supreme Court made a remarkable observation by stating that merely because the wife is capable of earning it is not a reason to reduce the maintenance awarded to her and said that whether a wife is capable of earning and is actually earning are two different factors.
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Advocate Rajkumar
Answered on 18-Feb-19
It's a moral obligations/ duty of both spouse to maintain their child ,so under DV act 2005& u/s 125 Crpc you applied for maintainace
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