• Alimony to wife

Hi...I am unemployed from last 1.5 years and my wife had filed a case of 498A....i am living with my parents and i dont have any alternate source of income ....can my wife claim alimony from me .I also have a 2 years old daughter
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

You are responsible to pay maintenance for your wife and child even if you are unemployed

Wife can claim alimony from you

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

1.Unemployment is no excuse to avoid maintenance.

2. So if your wife seeks maintenance by filing a case you will have to pay the same.

3.in the meantime appear in the 498A case, take bail and contest the case,

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hi, It is the duty of the husband to maintain his wife and children so you have to pay the maintenance to your wife and children. you can't escape from your responsibility.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

If your wife is working and you are unemployed she would not get any alimony

2)if wife files false 498A case obtain anticipatory bail from sessions court and contest the case

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

If she is employed then even if you were employed then also she was entitled to maintenance.

Filea divorce petition and in the said case you apply for alimony on the ground of your unemployment.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Your wife can claim maintenance amount for herself and the kid from you by filing a maintenance case under section 125 cr.p.c. or DV case.

You can express your inability to provide her maintenance for the genuine reasons on your side.

Let she prove your income because the burden lies on her to prove your income from salary and other sources.

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

My wife is government doctor and gazetted officer, will my unemployment be considered while deciding the amount of alimony ,How can i get safe from 498A

If she is employed and drawing a handsome salary he may not be eligible for maintenance.

You may repudiate her claim on that basis and also can express your inability to provide maintenance amount to your child also owing to your unemployment and she may asked to share the maintenance for child.

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

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