Kartik
Can Husband claim maintenance from wife if husband is unemployed and wife is employed.
Kartik Sharma 19 Aug 2020

Can Husband claim maintenance from wife if husband is unemployed and wife is   employed.

Yes, if men can't bolster themselves monetarily, they can guarantee upkeep from their spouses who are monetarily wealthy than them. This should be possible under Section 24 of the Hindu Marriage Act, 1955, which makes reference to the two married couples as subject to making such a case.

Section 24 in The Hindu Marriage Act, 1955 states that Where in any procedure under this Act it appears to the court that either the spouse or the husband, by and large, has no autonomous salary adequate for her or his help and the vital costs of the procedure, it might, on the use of the wife or the husband, request the respondent to pay to the applicant the costs of the procedure, and month to month during the procedure such aggregate as, having respect to the candidate's own.

     Yes, if men can't bolster themselves monetarily, they can guarantee upkeep from their spouses who are monetarily wealthy than them. This should be possible under Section 24 of the Hindu Marriage Act, 1955, which makes reference to the two married couples as subject to making such a case.

Nivya VM v. Shivaprasad N.K. (Kerala High Court) OP (FC) No. 26 of 2015 (R)

Decided On, 14 February 2017

For this situation, the spouse had looked for Maintenance pendente light from the wife under Section 24 of the Hindu Marriage Act, 1955.

That a spouse looking for support from the wife can be dealt with just as remarkable case as ordinarily he has the risk or commitment to keep up the wife and the other way around is just extraordinary. 

 That a spouse not making any endeavour to gain cash however equipped for landing private position can't guarantee support from the wife who was in Government administration. So it is obvious from the decree referenced over that it's anything but an ordinary act of spouse applying for upkeep from the wife who is utilized however he is equipped for keeping up himself by accomplishing some work. 

 On the off chance that such a mentality has been taken by the Courts, at that point inertness of spouses will be advanced and they will be enticed not to accomplish any work and rely upon the wife for their occupation, and such thing isn't relied upon to be advanced in the general public and that was not the goal of Section 24 of the Act giving support to either gathering to the procedures.

Yashpal Singh Thakur v. Smt. Anjana Rajput (Madhya Pradesh High Court) AIR 2001 MP 67

For the situation the Madhya Pradesh High Court held that the facts demonstrate that Section 24 of the Hindu Marriage Act, 1955 qualifies either party for move an application for support gave such gathering has no methods for resource and the other party is in a situation to give maintenance. In any case, it doesn't imply that the spouse who is generally fit for gaining his living should quit acquiring the living and begin contingent upon the winning of the wife. All things considered the spouse has crippled himself by halting the running the auto cart on enlist. It is entrenched proverb of Anglo Saxion statute that no individual can be permitted to cripple himself. That saying is relevant to the instance of winning spouse. An individual who wilfully debilitates himself from gaining isn't qualified for guarantee upkeep from the other life partner.

      In short it isn't typical for an ordinary practice for a spouse requesting support from an employed wife, however he is fit for looking after himself. The arrangement of law in HMA is proposed to help just such a spouse who is extremely unequipped for looking after himself. Such a meriting spouse is distant from everyone else qualified to get support for his food from his better half. In this way a poor Hindu spouse of no way to live can guarantee upkeep for vocation from his wealthy wife.

No such arrangement which empowers a spouse to guarantee upkeep is there in any personal law implied for the christians or muslims. Keeping the christian and muslim spouse outside the domain of support, which is accessible to Hindu man, because of absence of empowering arrangement is a segregation. It is a grave lacunae in law, it should be redressed so as to guarantee social equity and fairness under the watchful eye of law.

Did you find this write up useful? YES 4 NO 2
Yogesh raut   18 Feb 2021 12:08pm
Asa hona chahia
Reply
Yogesh raut   18 Feb 2021 12:08pm
Asa hona chahia
Reply
Ratikanta Behera   26 Nov 2020 7:26am
I am a advocate but I have no sufficient income my wife is a lecturer (govt.) She file a case u/s 10 Hindu marriage act whether I will a petition for maintance u/s24 of Hindu marriage act
Reply
Mansi  19 Aug 2020 8:12pm
great! article.
Reply
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.