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Can maintenance be claimed from husband who is jobless


23-Jan-2023 (In Family Law)
hindu brahmin. she filed a divorce, took away my two children and now asking for maintenance as well. Is it possible? she is working and applied for divorce on the grounds that i tortured her (i am mentally ill) but she had illegal affair before marriage and continued the contact after marriage. i lost my job due to depression. i am jobless.
Answers (2)

Answer #1
940 votes
She can claim maintenance for the children as it is the duty of the father to maintain the children. If husband can prove that wife is earning or qualified to get a job and maintain herself, only then she is not eligible to get maintenance.
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Advocate Richard S.

Adv. Richard S.

LawRato Bangalore / Bengaluru | 25+ Answers
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Answer #2
912 votes
If you jobless ....you can claim for maintenance from your wife,only under Hindu or Special Marriage Act the husband can claim maintenance only of he is unemployed. Disparity of income is excuse to claim maintenance from wife..Neither of the spouses has till now any right of share on the assets of the other.
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Advocate Vedashree A

Adv. Vedashree A

LawRatoBangalore / Bengaluru | 700+ Answers
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