Husband not taking financial responsibility of wife and children

730 votes

It depends all the circumstances and have keep an on other aspects. It can be happened that husband may not give the maintainance.
Better u seek detail consultation by disclosing complete details, so that exactly can be suggested to do..
Feel free to revert back in case you need any clarification.
Regards

Advocate Farzana Akhtar LawRato

781 votes

Firstly, you will have to state your religion as well as the religion of your husband. Since in India, the laws pertaining to matrimonial disputes are different for different religions. For example, a Hindu male is obligated by law to bear the usual financial expenditures of his wife and children under the “The Hindu Adoptions and Maintenance Act”, “Hindu Marriage Act”, “Protection of Women from Domestic Violence Act” and other related acts. For the purpose of securing herself financially, a wife will have to file the appropriate proceedings before the court having jurisdiction to deal with maintenance / matrimonial disputes.

Additionally, the case will take a few years to be decided. However, till the time your case is decided by the court you can file an application for interim maintenance for your children and yourself. Your husband can be ordered by the court to pay you monthly expenses as an interim measure till the judgment in the case is finally pronounced.

Your query is too general. To answer it appropriately specific inputs would be needed from your end. Your lawyer and your husband’s lawyer will have to inform the court regarding the exact nature of the dispute. Some of the information that will need to be provided to the court is: Was your husband working before he was married? What was his income at the time of marriage? When did he lose his job? What is your qualification? What is your husband’s qualification? Are you only seeking financial security or any other reliefs as well? Etc.

Depending on the exact nature of the dispute, you would be advised which remedy is to be exercised or which court is competent to adjudicate in the matter.

Advocate Rahul Bakshi LawRato

940 votes

According to law, it is prime responsibility of husband to take care wife and husband responsibilities (financial and otherwise), but if the husband is not working and wife is working then law seems helpless sometime.

Advocate Naveen Kumar Shelar LawRato