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In regard to distress warrant Issue


15-Jan-2023 (In Family Law)
Husband was not able to pay the maintenance for last 5 months as he is unemployed for 1year and his wife legally was to return back to the in laws but she didn't do so ....please take into consideration unemployed. What should be done by husband to be saved from this warrant????? Kindly reply
Answers (2)

Answer #1
516 votes
in all circumstances a husband is to maintain his wife if he is able to earn, it does not matter whether he is earning or not. unemployment is not a shield to avoid maintenance. Coming bk of wife to reside with inlaws has no concern with her maintenance to be paid or not. Husband has to show and prove all his sincere efforts went unfruitful to get a employment and earnings. pl not there is s SC ruling that even if a husband is to break stones on road side he is to maintain his wife.
However it is not a strict rule and there are many exceptions to it depending on the stature, education and chances of employment in the current senario.
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Answer #2
928 votes
there many Grounds available to the husband it depends upon the husband which ground he wants to take weather the maintenance has been asked under 125 CrPC or any other provision of law it is not clear in this question
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