• Maintenance to husband if he is not earning and wife is earning

Hii..
I am working in a reputed gov deptt and my husband was in same profession but unfortunately last year he had dismissed from his job. Now is without job. 
Now when I consult to a family court advocate then he advised me that I have to pay maintainance to him as he is not earning and I am earning. He also said me that if divorce case is not finalized early then for coming to every hearing I have to bear expenses of his. Distance is interstate about 600 km.
Now suggest me is it is true.
Asked 3 months ago in Family Law from Gorakhpur, Uttar Pradesh
Religion: Hindu

1) if husband is unemployed and you file for divorce husband can seek maintenance from you and also litigation costs 

 

2) your defence should be that husband is highly qualified , has worked in past and can easily maintain himself by getting a job 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

If husband is unemployed and wife is earning, he can claim maintenance during litigation, 

However,  you can claim that as he was working earlier, and have capability to earn, therefore can maintain himself,

 

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

No it is wrong, if both are capable of earning, no alimony.

Aveek Bose
Advocate, Kolkata
933 Answers
4 Consultations

4.7 on 5.0

Yes, if your husband apply for maintenance from you than you may have to pay the alimony to him. And it will come around 25-30% of your net monthly salary.

 

Its total depends upon your husband if he apply for maintenance from your.

 

You can just wait n watch as of now.

Ganesh Kadam
Advocate, Pune
7113 Answers
60 Consultations

4.9 on 5.0

Yes if husband is not able to maintain himself he can ask for maintenance from you along with the legal expenses and travelling expenses and the court may grant him reasonable expenses.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

1. Yes, if there is any matrimonial suit is pending or is filed either by you then in the said proceeding your unemployed husband can seek alimony pendente lite from you.

2. However bearing his expenses to attend the court is not mandatory. 

3. In any event the court does not automatically grant maintenance or travelling expenses unless your husbnd applies for the same in writing. 

Devajyoti Barman
Advocate, Kolkata
17471 Answers
248 Consultations

5.0 on 5.0

 yes this is the case and you have to bear the cost of maintenance along with legal expenses as you are the only member who is earning now

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

Dear Madam,

Yes, husband can claim maintenance from his wife if he is not earning or is sick or there is permanent disability or if the husband can prove that wife is capable to maintain the needs of the house etc… where in any proceeding under the maintenance Act it appears to the Court that the husband, as the case may be, has no independent income sufficient for his support and the necessary expenses of the proceeding, it may, on the application of the husband, order the respondent (Wife) to pay the petitioner (Husband) the expenses of the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable.

Husband Seeking Maintenance from Wife can be treated only as Exceptional Case

Netravathi Kalaskar
Advocate, Bangalore
2865 Answers
12 Consultations

5.0 on 5.0

Dear Querist

If there is any divorce case pending before the Family for the disposal than husband may file an application under section 24 of Hindu Marriage Act but the maintenance can be granted to him only in the exceptional circumstances.

 

A husband can claim maintenance, however, the Courts have time and again remarked that maintenance is to be paid to husband only if he is incapable or handicap. In a recent case of Nivya V.M. v. Shivaprasad N.K., the Kerala High Court dismissed husband’s claim for maintenance from his wife holding that maintenance under Section 24 of Hindu Marriage Act, 1955 is to be paid to the husband only when he is able to prove any incapability or handicap.

The Court also observed that in absence of such circumstances as enumerated above, endowing maintenance on the husband would only promote idleness.

The Court also remarked that a husband seeking maintenance from the wife can be treated only as exceptional case as normally he has got the liability or obligation to maintain the wife and vice versa is only exceptional.

  

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5304 Answers
256 Consultations

4.9 on 5.0

It is not always true.  He is not dependent on you. Being qualified he needs to find a job.  It's not your duty to maintain.  Normally courts dont award maintenance to husband.  Court may ask you to pay for travelling if needed

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

No way, If such was the case, non party ever file case against any party. Case travel expanses would be more than litigation cost.

You are not liable to pay his travel expanses and he is dismissed than must for his incompetence and recklessness, for which you cannot be made liable. And husband seeking maintenance from the wife can be treated only as exceptional case as normally he has got the liability or obligation to maintain the wife and vice versa is only exceptional.

Husband not making any attempt to earn money though capable of getting private job cannot claim maintenance from the wife who was in Government service.

Many more reason/judgements to deny maintenance to Husband.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

You do not have to pay anything until he has order of the court where it is stated that you have to pay the said amount to him. Court would not order him any maintenance amount without hearing your version.

Siddharth Jain
Advocate, New Delhi
4626 Answers
50 Consultations

5.0 on 5.0

a husband can claim maintenance from wife under the statutory provisions of the Hindu Marriage Act, 1955.

Mohammed Mujeeb
Advocate, Hyderabad
9341 Answers
3 Consultations

4.5 on 5.0

Dear client 

Your advocate is absolutely right as section 24 and section 25 of Hindu Marriage act consists of the provision for paying maintenance to husband if he does not have any Independent Income. 

Section24 ofHindu Marriage Act providing for maintenance pendente liteand expenses of proceedings states that where it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent. 

And Section 25 ofHindu Marriage Act, providing for permanent alimony and maintenance states that the Court may on an application made to it by either the wife or the husband order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum having regard to the respondent’s own income and other property, if any, the income and other property of the applicant.

Mohit Kapoor
Advocate, Rohtak
2688 Answers
1 Consultation

5.0 on 5.0

Your lawyer has misguided you in this aspect.

No doubt if he is not earning and not able to sustain his expenses he may claim maintenance from you but it is not automatic that you may have to pay him maintenance  and also the expenses for attending the court.

The court will decide after hearing both the sides provided he files an application in this regard.

 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

Yes he can seek maintennace under section 24 of the Hindu Marriage Act. A husband is entitled to get maintenance under Section 24 of the Act, in the case  the wife is in employment, whereas the husband is unemployed due to any handicap or impediment to earn.

Vibhanshu Srivastava
Advocate, New Delhi
8387 Answers
129 Consultations

5.0 on 5.0

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