Select Location

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
0 likes
5 answers
Divorce
Posted on 15-Jan-19
R
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
0 Comments
You need to be logged in to comment
Advocate Ajay
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.
0 Comments
You need to be logged in to comment
S
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.
0 Comments
You need to be logged in to comment
D
Advocate Deepti
Answered on 21-Jan-19
File an application in the court through your lawyer stating that u r not getting the maintenance..
0 Comments
You need to be logged in to comment
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.
0 Comments
You need to be logged in to comment

Related questions

Marriage on Nottery Paper

Sir I have married two years ago on nottery paper. Due to my girlfriend's pressure. Is this legal marriage, I am hindu and I didn't married in public or religious places. And I have not any marriage Photograph that claims I am her husband. Please advice me. she threats me always.
0 likes
0 answers
Divorce
Posted on 04-Jun-20

Divorce Can a wife hack husband's smartphone remotely, in realy time and is this legal ?

Me n wife was having silly arguments once in a while, of our only 1.7 years of marriage. I came to know that she hacked my smartphone and collected all my whatsqpp FB / call recordings. I video chatted on an app, where a random people will be calling. Once randomly a appeared on screen and showed only her half naked body. She never showed her face. The call lasted for 1 minute and I diconneted. Now wife filed case/ NCR, and allegat3d that I'm a fraud and cheater. Also she files for DV, and 498a. The household expenses what we both shared each also, she counted her amount via bank account transactions. Now she allegat3d that me and my father forc3d her to transfer all her money. Yes. During our married life we each shared money among ourselves for the daily needs and living. And I haven't taken any dowry gold or cash from them. Whatever her ornaments were with here family only till date I didn't touched that. Moreover I gifted her 5 soverins of gold on her bday and our anniversary. Also she allegat3d me as giving her mental and physical abuse, but I nver did. Also she claims that our 1 month old new born baby - I shouldn't visit baby and her. She claims that the chats/ call recordings will prove me an adultery. But I haven't met any woman directly, or physically. Can I file cyber crime against her or please suggest me. She is a government class B servant.
0 likes
0 answers
Divorce
Posted on 01-Jun-20

Avoid paying alimony or maintenance

I am a goverment servant. I got married to a girl, also a govt servant in 2004. We hardly stayed together for abt 2 months and she went away to different area by asking a transfer without my consent. I got an exparty divorce in year 2009 and got remarried to another girl in year 2010. Presently i am living with my present wife and have a kid. In the meantime my ex father in law filed a false fabricated case under 498a in varanasi. The case is at stay from allhabad highcourt. Now after 10 yrs my exwife called up and demanded for money. She is employed in central government in scoentific cader post. We had no kids from exmarriage. Can she file up case demanding for alimony or maintainance?? If she does how should i proceed?
0 likes
0 answers
Divorce
Posted on 27-May-20
Find the best lawyers/advocates and book legal services.