Husband negligence in marriage Husband negligence in marriage

2 years ago

My husband is planning to leave his job so that he doesn't have to give any maintenance for me and my child.Can he do that ?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.tell him that if this was possible then whole India will not be doing job.
He will be ordered to search job again and/or pay maintenance as per last salary.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You will receive maintenance even if he quit his job since High Court has ruled that a spouse who has willfully handicapped himself from earning cannot dodge his responsibility to support his wife and child.

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Anik

Responded 2 years ago

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A.Hi,
In Rousseau Mitra Vs. Shrimati Chandana Mitra the learned Single Calcutta High Court has held that when the husband voluntarily having incapacitated himself from earning, he cannot avoid his liability to maintain his wife and child. Therefore, even if he left his job based on his savings and other sources of income you will get maintenance.
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Aakash Sharma And Associates

Responded 2 years ago

A.Yes but still he'll have to serve the maintenance
As per the court orders under the maintenance suit
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Abhimanyu Shandilya

Responded 2 years ago

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A.Yes he can leave his job as that his choice and his life to do so and no one ca stop him from doing that. But his liability to maintain you and the child does not go way and and has to pay whenever he starts earning or from his any earning.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
It is his master plan to avoid payments. You will get maintenance on the basis of his previous salary.
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Ankita Jaiswal

Responded 2 years ago

A.File FIR, against him, also file mentainance case in court,
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Rpy here
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