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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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