Maintenance from wife
2 years ago
I was removed from govt service in 2018 after serving govt department for more than 12 years. Currently I am jobless and my service matter for reinstatement is at hearing stage in tribunal. Due to some family disputes, my doctor wife left home and is residing separately alongwith 2 kids in 2019. In 2020, i filed divorce petition in family court on cruelty ground . My wife is working in govt hospital on contract basis and she is earning Rs 70,000/- per month.
Am I entitled for maintenance from wife under section 24 of Hindu marriage act as I am currently jobless and my service matter is pending in tribunal and I don't have any source of income and I applied for job in private companies but due to recession and covid crisis , companies are not hiring new staff . Please guide .
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A husband can get maintenance only when he has a dire need and he proves his inability to earn. A person sitting idle voluntarily will not get maintenance from his wife. Previously, also courts have only allowed husbands who are disabled to claim maintenance. In this present situation, you can claim maintenance for the period you don't get a job since the current situation posed by the pandemic has never been seen before. So Court might consider your request.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A husband can only receive maintenance if he is in desperate need and can demonstrate his inability to work. A man who sits idle willingly will not receive support from his wife. Previously, courts would only allow disabled husbands to file for maintenance. In this case, you can demand maintenance for the time you are unable to find work due to the pandemic's current situation. It is up to the discretion of the court to consider your request.
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Try for it and you may differently get.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
रही आपकी धारा 24 की बात उसके लिए वह दाखिल कर सकती हैं।ओर अदालत आपको केस का maintenece देने के लिए आदेश पारित कर सकती।
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