You are at liberty to challenge order of maintenance of Rs 10000 as you don't have any source of income

2) take the plea that wife is earning agricultural income out of 10 acres of land standing in her name

Yes it can be challenged in the High Court

Probability of getting a decision in your favor is bleak but in my knowledge you have one Delhi high court judgement in your favour which is as follow:

Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010 Unemployed man can not be forced to pay Maintenance

Regards

Maintenance can be claimed only from one having sufficient means; but still he/she refuses to maintain his/her dependents.

Since, in your case, neither you are earning nor you have assets, you're incapable of complying with this order. File a revision.

Your wife cannot claim Maintenance on the basis of the fact that your father is rich and holds a lot for property in his name.

Since she's claiming Maintenance from you, she can rely upon your assets and income to seek that.

The order passed to pay 10k judgement is unsustainable and you should challenge the same.

Let me know if I can be of any further assistance.

Best,

Vibhanshu

Court does not consider property standing in your father name while awarding maintenance to wife

As advised earlier go ahead and challenge the order in the High Court.

Regards

This condition you should prefer revision against the maintenance order. In this condition when you are not any source of income then the court cannot grant such a huge maintenance order. It is against the settled principle of law that maintenance shall be decided on the basis of net income of the husband, when husband has no income that such a huge maintenance cannot be granted by the court. In this condition in revision application this maintenance order can be stayed by the court.

If you have no property in your name then your father's property cannot be taken into consideration by the court in order to decide maintenance. In this condition the revisional court have two options either The court shall amend the maintenance order or remand the case to the trial court for re-hearing.

Hi, you can appeal against the session court order , in the high court .. You can show, the liability of your old aged parents and younger brother on you , as a single bread earner of the family .. The high court in its discretion may alter, the decesion of the lower court..

You can prefer an appeal before the appellate court for setting aside the maintenance order or at least to modify and reduce the same for the reasons that you are relying upon.

You can mention her sources of income to sustain herself and highlight your unemployment status.

as there is not property i have on my name, but my father have 5 acre land & one electronic shop, while we have three brothers & any property still yet not dived and me and one brother is also depend on father income.

kindly guide us.

Your father's income and property will not be taken into account for deciding maintenance grant against you by the court.