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.
He will be ordered to search job again and/or pay maintenance as per last salary.
Helpful
Helpful
Share
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.
If you find this answer helpful please rate my answer. Thank you.
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.
If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share
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.
If you find this answer helpful please rate my answer. Thank you.
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.
If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share
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
As per the court orders under the maintenance suit
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
A.Dear Sir,
It is his master plan to avoid payments. You will get maintenance on the basis of his previous salary.
It is his master plan to avoid payments. You will get maintenance on the basis of his previous salary.
Helpful
Helpful
Share
Ankita Jaiswal
Responded 2 years ago
A.File FIR, against him, also file mentainance case in court,
If u like my ans PlZ rate my a s*****, thanks
Rpy here
If u like my ans PlZ rate my a s*****, thanks
Rpy here
Helpful
Helpful
Share
Read Related Answers
Wrong address
Dear Madam,
You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
live in relationship
Dear Client,
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...
NRI fraud
Dear Client,
it is prime to establish that there was a marital relation between you 2, if married then you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police...
Spouse having affair in her office
Dear Sir,
Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.
Divorce
Dear Client,
In the given scenario, when your divorce petition is sub-judice before the Court, you can serve a strong legal notice to your husband to refrain from defaming your name in society or at y...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location