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Husband lost job wants to stop maintenance for wife divorce pending
06-Jan-2023 (In Divorce Law)
My brother is Hindu 7 year ago his wife put false 498 dowry case which she lost . with mental frustrations my brother filled divorce case . He was software engineer was giving mantinance until year ago lost his job no income but still supporting his only son expenses his son is 12 year old . My old parents lives with him lot of Mediical problems and expenses. How we can stop mantinance money to his wife . Divorce still running .
Your brother needs to obtain his Bank Account statements (for every bank account that he has) and Income Tax Returns for the last and present financial year up to date. After collecting these statements, file an Interlocutory Application in the Family Court, attaching all these statements to show to the Court that he has no income and therefore cannot pay maintenance.
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What happens if I lose my job and can t pay alimony in India?
Effect of job loss on Alimony Payments
This may include factors such as the reasons for the job loss, efforts made to secure a new position, and time expected to be required to do so. In some cases, a court may temporarily reduce alimony payments until the person is able find new employment.
Can a wife claim maintenance from her husband even if he is unemployed?
Karnataka High Court ruled in a landmark judgment that an unemployed man should get a job so he can pay alimony to his wife. A single-judge bench led by Justice M. Nagaprasanna delivered his verdict on Monday. He said that it is the husbands duty to pay alimony to both his wife and his children. 15 Feb 2023
How can I avoid paying alimony in India?
Prove that you have no income or less income
You can also prove you are the sole earner in your family and therefore you must pay for all household expenses.
How can I avoid paying my wife maintenance?
According to Section 125.4 of the Criminal Procedure Code, a wife does not qualify for maintenance if they have committed adultery or are infidels or refuse to live with their husbands without a sufficient reason.
Once the order of maintenance is pronounced , you can file writ petition to High Court for challenging the order immediately ,within sixty days of the order if not it is very difficult . Since you have already executed the order of the court and paying maintenance to your son at present you cannot go back and say you cannot pay further maintenance since your marriage is still existence and case is pending before the court you have to pay the maintenance,in case if you leave the job also. Maintenance is the right ..
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Adv. K.P. Sumangala
Bangalore | 100+ Answers
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Dear Sir, madam
We don't know your brother giving maintenance from how many years till today however once the maintenance order passed that has to be given to wife.There is onotheher way like full and final settlement and you may get divorce by opproch proper way.
We don't know your brother giving maintenance from how many years till today however once the maintenance order passed that has to be given to wife.There is onotheher way like full and final settlement and you may get divorce by opproch proper way.
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Adv. Nataraja KS
Shimoga | 200+ Answers
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