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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 15th Jan, 2019
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Advocate Rajkumar
Answered on 18th Feb, 2019
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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Advocate Ajay
Answered on 16th Feb, 2019
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 Sanjay
Answered on 25th Jan, 2019
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 Deepti
Answered on 21st Jan, 2019
File an application in the court through your lawyer stating that u r not getting the maintenance..
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Advocate Uttam
Answered on 16th Jan, 2019
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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Posted on 11th Aug, 2019

How to avoid alimony

Sir/Madam My marriage date was 23 Nov 2016. After that we lived happily. But suddenly my wife left my home and eloped with her old boyfriend (which I came to know later) on 28 February 2018. I filled a missing complaint on 1 March 2018 on nearest police station. After lots of request and pressure police brought her on 27th April 2018 with a lawyer. At police station she justified her elopement by accusing me for giving her torture. There she agreed to give mutual concent divorce. After that she left police station with out giving any contact details or whereabouts. When ever I contacted her lawyer he asked me to finalize her alimony. Feeling something wrong I filed a criminal case against her and her's boyfriend. After that I filled a divorce. At criminal case her father and mother acknowledge about elopement at court trial. Gave statement against their daughter. After that court issued NBW against her and her boyfriend, it was sent to local police station. After repeated request to SP, he talked with my wife but refuse to bring her. Also her lawyer filled divorce at local family court. Also asking for alimony to clear it. Note: 1) our relationship was very good till she elope. Now suddenly she accusing me everywhere and giving false statement to justify her elopement. Her father mother including every family member of her support me. 2)from her elopement nobody able to contact her. Only medium of contacting her is through her lawyer. That's why nobody from our family or her family able to talk with her not even once. 3) even if she eloped with her boyfriend she refuse it and tell everyone that she staying individually. Boc'z of non communication we are unable to know the truth. My Questions: 1) what to do if she demand for alimony? How to avoid it? 2) despite NBW issued police is unwilling to bring her and that boy to court. Is it justified, is it not contempt of court? 3) she has written so many false things against me can I file defamation case against her, if situation goes bad? 4) can I request family court where she filled divorce to shift where I filled my divorce case?
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Divorce
Posted on 10th Aug, 2019
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