Husband demanding Maintenance in DV and Divorce case

748 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato

974 votes

Yes maintenance can be filed by any of the party husband and wife, can also be in their favour as if their ground is genuine granted. But if the case is defended properly then their will be a chance to avoid any adverse order.

Advocate Gurudeep Saini LawRato

802 votes

Hello, It is a rare scenario where a husband can claim maintenance, as in most cases the courts dismiss such claims. Further, as you mentioned, your husband has initiated a DV case against you; however, the Domestic Violence Act is specifically enacted for the protection of women, and therefore such a case is generally not maintainable. To provide more accurate advice, additional details of your case would be required.

Advocate Sumegh Garg LawRato

1000 votes

having HIV doesn’t mean he is no longer able bodied and can’t work but you will have to fight it in court. If he is able bodied and educated and is unemployed out of his own accord he can’t be granted maintenance. Will have strategise your position first before approaching cases.

Advocate Mannan Sanjeev Sharma LawRato

565 votes

Under Indian law, maintenance is not granted automatically merely because a spouse is HIV-positive. Courts examine capacity to earn, actual dependency, conduct of parties, and responsibility towards children. An able-bodied husband is presumed capable of earning, even if he is currently unemployed. HIV status by itself does not amount to legal incapacity unless it is proved through medical evidence that the disease has reached such a stage that he is physically or mentally unable to work. If he is physically fit and capable of employment, courts have consistently held that he cannot avoid his duty to maintain his wife and children or seek maintenance from the wife solely on the ground of illness. Under Section 125 CrPC, DV Act, and Hindu Marriage Act, priority is always given to minor children. The father has a statutory obligation to maintain his children, irrespective of disputes between spouses. His failure to contribute to at least one child’s expenses will weigh against him. A husband seeking maintenance must also show bonafide inability to earn, not voluntary unemployment. If he has filed divorce and DV proceedings while demanding maintenance without supporting his children, courts may treat it as abuse of process. Therefore, maintenance in his favour is unlikely unless he proves severe incapacity. On the contrary, the court may direct him to pay child maintenance, and may reject or limit his claim.

Advocate Poonam Malik LawRato