• Section 125, Section 9

Sir/Mam,

I am a housewife by qualification I am a graduate. 
My husband is unemployed but my in law's are very very much financially sound & having a rental income of more than one lakhs per month & having other sources of income.

The property is in the name of my mother in law my husband is not ready to take me in my matrimonial house at present i am living in my parents home from last 11 months. 

I filed several cases on my husband i.e. section - 125, section -9 & Domestic violence. 
He filed a case of divorce in section 13 

How can i prove in court that my husband is totally depends on parents that's why he can't earn because he know the rental income is coming per month.

Please guide me in the above conditions what can i do can I claim maintenance from my husband on the ground of rental income comes from a commercial building which is in the name of my mother in law.
Asked 9 months ago in Family Law from Aligarh, Uttar Pradesh
Religion: Hindu

  1. Your husband's bank account details, if he has any, will throw ample light as to his earnings, source of his income. Can be conclusive evidence of his unemployment. 
  2. However, you can't get divorce solely on the grounds that he's unemployed. If he comes from a filthy rich family and can meet your needs with the golden spoon in his mouth, your pleadings slolely based on his unemployment won't move the judge in your favour. 
  3. You have alluded you aren't cohabiting with him. Did your husband desert you, or vice-versa? 
  4. There will be various other factors which the judge would appreciate, before arriving at a judgement. So don't base your pleadings solely upon his unemployment

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1103 Answers
2 Consultations

4.4 on 5.0

You have right to get maintenance from your husband. The rental income coming from the hereditary property you can attach husband's share otherwise not. If there is any violence in the house you can file a domestic violence case against them 

Unnikrishnan
Advocate, Kollam
7 Answers

Not rated

Even if husband is unemployed he is bound to maintain you 

 

you have no rights on commercial property standing in name of in laws 

 

you cannot claim maintenance from rental income received by mother in law 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

See you have right to seek maintenance from your husband though no right in the property or maintenance from in-laws the bank accounts of husband can be brought on record if nothing is available in that court can pass a maintenance order from it's own wisdom though the rent cannot be ground to seek maintenance in the case.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

See you cannot take both the stands that husband is earning and further that he is not earning and dependent you can take stand that husband to avoid maintenance is paying through parents account to escape liability from.court.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that though the husband is not been doing anything, but still he may be held for paying you more.
  2. You just try to find out as to what is the nature of property, though it is in the name of the mother in law, but that may be totally illegal if the property is of the anscestral nature.
  3. If it happens to be the anscestral nature then irrespective of the fact it’s been in the name of the mother of law, your husband shall have his share in the rent.
  4. And then you can ask for your right of maintenance from his share in the income from rent.

You just need not to worry, as you have legal right of been having the maintenance.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

While granting the maintenance it is not the concern of the court as to from where the husband gets the money, if he has the capacity to earn.

you may tell the court that though he is not having any separate income but her lives on the family income and therefore maintenance be granted to you.

regards

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Yes you can tell the court that even the monthyl maintainance is being paid by the family, this will definetly prejudice the court.

regards

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

In Laws are not responsible to upkeep destitute / penury undergoing DIL. It is husband’s responsibility.

prima facie father or mother in law is not liable to pay daughter in law or her kids maintenance under domestice violence act. however under succession act they can claim their husband and fathers share in the property. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

1. There is no need to prove his dependence on his earning. It will serve no good as husband even if unemployed can not avoid maintaining his wife and children . In other words unemployment is no excuse.

2. Since you are presently receiving the money then there is no such need to show his reliance on his parents. However later on you can file petition seeking enhancement of this money due to price rise and rise in expenses.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

You cannot prove his income when he has nothing but you can mention that he is being taken care by his father monthly income is more than1 lakh.

Your husband even if unemployed, has to maintain you.

You may not be able to claim any money from your in laws.

 

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

There's no point in discussing with the in eligible issues

However you may discuss about this with local advocate and proceed.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

Dear Client,

Why say in court that husband dependent on parents`s INCOME. It is obligatory of husband to maintain his wife, whether he earns or not.

You only claim maintenance acc. to life style of husband.

In laws are not at all liable to maintain daughter in law.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

You this submission is not going to work even if your husband is dependent of his parents that makes no difference for you you are getting your maintenance amount as awarded by the court from the account of in laws. If your husband does not follow section 9 even after the degree then you have all the right to go for the one time settlement and and the marriage by diverging in the divorce petition is pending which is right by your husband you have to decide whether you have any future in that matrimonial house.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

Dear Madam,

 

It is husband's duty to maintain wife and children.

Please refer the following judgment and law, it will helpful to you.

A man, though jobless, should pay maintenance to his wife as ordered by court in divorce case, Madurai Bench of the Madras High Court has ruled.

Justice G Rajasuriya said the husband cannot claim that he was poor, in order to dodge his responsibility of providing monthly maintenance to his wife.

“A husband has to take care of his wife somehow or other even if he is jobless,” the Judge.

He was dismissing a civil revision petition filed by the man challenging the March 3 last order of family court, before which the couple have filed divorce petition, directing him to pay Rs 2,000 as interim maintenance.

The Judge also rejected a petition by the woman seeking enhancement of the interim maintenance to Rs 7,000.

The man had pleaded that he did not have the source to pay the maintenance ordered by the lower court.

His wife said the maintenance ordered by the court was too low.

In his order, the Judge said: “A hale and healthy man is expected to work to maintain himself and his dependants. He has to maintain his wife who is incapable of maintaining herself. Somehow or other husband should maintain.” Rejecting the prayer for enhancing the maintenance amount of Rs 2,000 granted by the lower court, he said the plea was justifiable if there was clinching evidence to prove that the husband was well off.

The petitioner did not produce any such evidence to prove that her husband had enough money, he observed and confirmed the maintenance amount granted by the lower court.

Besides, the Judge also directed the man to provide Rs 3,000 to his wife for paying the cost of litigation.

The Judge directed the family court to dispose the divorce petition, pending since 2007, in three months.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
3118 Answers
14 Consultations

5.0 on 5.0

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