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Cannot pay maintenance as i am jobless, what to do
29-Sep-2023 (In Divorce Law)
sir, I worked as Software Engineer and paying interim maintenance to my wife from last 3 years @20000 per month.I kept under performance improvement plan and was laid off.I had Email from HR saying that i was relieved from organization due to non performance.But the Relieving letter is given like your resignation is accepted & relieved from organization '.It is standard template used by the company for all the people who are relieved in the organization.HR has not given relieving letter due to non performance which is actual reason. In this case shall my maintenance will be reduced.?I can't pay maintennce 20K per month from now due to unemployment.Please help me.
You have a remedy to file a petition in the court where your matter is pending stating that you have no means to pay the monthly maintenance hence it may be considered and if your wife is working then you don't need to pay maintenance
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Adv. Akshay Gupta
Hyderabad | 200+ Answers
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What happens if I lose my job and can t pay alimony in India?
If the husband has lost his job, and is unable to pay the wifes maintenance or alimony, the court can provide relief. The previous order to pay maintenance or alimony can be changed or stopped by the court.
What if my husband is not paying maintenance?
If your case has been pending for some time and your husband refuses to pay maintenance, ask your lawyer to file an application under section 24 of the Hindu Marriage Act, 1955. Or you can move an application to maintain your spouse under the Domestic Violence Act. 13-Mar-2022
Can working wife ask for maintenance?
According to Section 24, the Hindu Marriage Act of 1955, any party to a union who lacks sufficient income to support himself or herself may ask for maintenance while a matrimonial case is pending.
Can a husband refuse to provide maintenance to his wife?
Separated with mutual consent. If there is an agreement between the spouses that they will live separately and not claim maintenance, this could be a reason to deny maintenance. 09-Dec-2022
Hello,
If the interim maintenance order is passed under DV Act, appeal against the said order in the sessions court and if the interim maintenance order is passed in 125 Cr.P.C., go for a revision in high court for reduction in the maintenance amount explaining the circumstances and loss of job. Your maintenance will be reduced. You can reach me for any assistance and help in your case.
If the interim maintenance order is passed under DV Act, appeal against the said order in the sessions court and if the interim maintenance order is passed in 125 Cr.P.C., go for a revision in high court for reduction in the maintenance amount explaining the circumstances and loss of job. Your maintenance will be reduced. You can reach me for any assistance and help in your case.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI
In general courts are strict on interim maintenance and will not take non employment as reason for not paying maintenance.
So, assuming you approach the court citing reasons such as lay off for not paying interim maintenance, courts will grant you 1 month time, but no longer and it will insist that you dispose of your movable/immovable properties to pay maintenance. It is not that you are the person committing a mistake, but courts generally get about 100 odd similar requests every day for non payment of maintenance and that judges adapt one shoe fits all approach and dismiss even genuine requests such as ours.
Also the position of law is that man is the provider and it is his duty to support his wife and hence the above stated approach of the judges.
In general courts are strict on interim maintenance and will not take non employment as reason for not paying maintenance.
So, assuming you approach the court citing reasons such as lay off for not paying interim maintenance, courts will grant you 1 month time, but no longer and it will insist that you dispose of your movable/immovable properties to pay maintenance. It is not that you are the person committing a mistake, but courts generally get about 100 odd similar requests every day for non payment of maintenance and that judges adapt one shoe fits all approach and dismiss even genuine requests such as ours.
Also the position of law is that man is the provider and it is his duty to support his wife and hence the above stated approach of the judges.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear,
You can definetly ask the court to reduce the monthly maintainance inview of your employment developments. Further, Sec.24 of H.M.Act says that the husband also can file the maintainance if the wife is earning and husband is not in a position to earn as an expceptional case.
You can definetly ask the court to reduce the monthly maintainance inview of your employment developments. Further, Sec.24 of H.M.Act says that the husband also can file the maintainance if the wife is earning and husband is not in a position to earn as an expceptional case.
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Adv. Vikram Chandra
Hyderabad | 100+ Answers
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This presumption is made by the court to counteract the tactic used by your husband, and ensure that section 125 is enforced. Your husband can't claim that he doesn't have a job and therefore cannot pay alimony.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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