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Earning wife will have to bear husband’s expenses after divorce, husband can also demand maintenance

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Husband does not have any means of earning.

So will the wife give maintenance to her husband?

Often you must have heard that after divorce, the husband gives maintenance to his wife, but this time the High Court, deciding in favor of the husband, has ordered the wife to pay maintenance to her divorced husband.

What was the matter?
Aurangabad Bench of Bombay High Court ordered a wife to pay maintenance every month to her divorced husband. You must be thinking why so? So let’s know-

A woman and a man got married on 17 April 1992. Later, the wife sought divorce from her husband on the ground of cruelty. In the year 2015, the court of Nanded had approved the divorce.

The husband filed a petition in the lower court and demanded a permanent maintenance of Rs 15,000 per month from the wife.

The husband said that he did not have any source of income. At the same time, his wife has studied up to MA and B.Ed and is a school teacher.

News of need: Earning wife will have to bear husband’s expenses after divorce, husband can also demand maintenance

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Husband does not have any means of earning.

So will the wife give maintenance to her husband?

Often you must have heard that after divorce, the husband gives maintenance to his wife, but this time the High Court, deciding in favor of the husband, has ordered the wife to pay maintenance to her divorced husband.

What was the matter?
Aurangabad Bench of Bombay High Court ordered a wife to pay maintenance every month to her divorced husband. You must be thinking why so? So let’s know-

A woman and a man got married on 17 April 1992. Later, the wife sought divorce from her husband on the ground of cruelty. In the year 2015, the court of Nanded had approved the divorce.

The husband filed a petition in the lower court and demanded a permanent maintenance of Rs 15,000 per month from the wife.

The husband said that he did not have any source of income. At the same time, his wife has studied up to MA and B.Ed and is a school teacher.

Husband claimed…

He has taught his wife.

Wife earns 30 thousand rupees every month.

Husband’s health is not good.

He can’t do any job.

The wife also has all the belongings and property of the house.

Wife asked to dismiss the claim…

Husband is running a grocery store.

He also owns an auto rickshaw.

Earns money by renting a rickshaw.

Both have a daughter, who is dependent on the mother.

What did the court order?
Considering the income and property of both the parties, the court ordered the wife to pay maintenance of Rs 3,000 to her husband every month.

After knowing about this case, we are answering all the questions that are coming in your mind regarding maintenance – Advocate Sachin Nayak and Advocate D.B. goswami

Question: What is meant by maintenance?
Answer: When one person gives financial support to another for basic needs like food, clothes, house, education and medical, then it is called maintenance.

Question: When can the application for maintenance be filed in the court?
Answer: If the relationship between husband and wife has deteriorated and both of them do not live legally with each other, then either of the husband or wife can apply for maintenance in the court.

Question: Who can apply for maintenance?

Answer:

A physically or mentally weak husband who is not worthy of earning money.

divorced wife.

Elderly parents.

Unmarried or widowed sister.

Nothing will happen without proof
If the husband has claimed maintenance from the wife. So the husband has to prove in the court that he is not physically or mentally able to earn and his wife earns money.

Question: What does the law say regarding the maintenance of husband?
Answer: According to the Hindu Marriage Act, 1955, both husband and wife can demand maintenance from each other.

Section 24- If there is a case of husband and wife going on in the court and during the course of the proceedings, the court finds that the husband is not able to fulfill his needs. Even if she does not have money for this proceeding, then the court can order the wife to give money to her husband for the maintenance and expenses of the court case. However, it is necessary for the wife to have a source of income.

If the husband has the property and earning capacity, then he cannot claim maintenance from the wife. If the husband has claimed maintenance from the wife in the court, then he will also have to give proof that he is not physically and mentally able to earn.

Section 25 – includes the rule of getting permanent maintenance and alimony to the husband. In this circumstance, the court considers the property of both husband and wife. Suppose the court ordered the wife to give her husband a permanent maintenance or alimony in a month. Then after some time, if the husband becomes capable of earning and starts working, then the court can annul or change its decision on the claim of the wife.

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