Can A unemployed man challange in court asking his earning wife to pay for his maintainence??

Question

We often talk about eqal rights for man & women.Then my point is that in case of divorce unemployed should also have right to claim for maintainence from his earning wife.

Answer 1

YES. Happy now. If the parties are Hindu Married & divorced or getting divorced under the Hindu Marriage Act, 1956 under section 25 even an unemployed husband can seek permanent maintenance or Alimony from the earning wife & under section 24 even during the pendency of any proceedings under the Act get monthly maintenance. Read both these sections. Section 24 of the Hindu Marriage Act provides : Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.
Section 25 of the Act provides : (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.

(2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the Court is satisfied that the party in whose favor an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
Now let me make it very clear here that no such maintenance allowed under section 125 of the Criminal procedure code to an unemployed husband where it is allowed only to wife, children & parents. No such maintenance allowed to any unemployed husband under the provisions of the Indian Divorce Act applicable to Christian divorce where it is allowed only to wife. No such maintenance allowed in the Muslim Shariat Law. No such maintenance allowed to an unemployed husband if the parties married & seeks divorce under the Special Marriage Act, 1956 where it is allowed only to wife. No such maintenance allowed to an unemployed husband under the Hindu Adoptions and Maintenance Act, 1956 where it is allowed only to wife, widowed daughter in law, children & parents. This the complete legal position with regards to maintenance to an unemployed husband.

Answer 2

Really a partner should be there for you when you are having a difficult time. That is what relationships are all about. Its understanding he is hesitant becaus he may feel that if you through another patch then you may push him away again. Read here https://tr.im/ZeTfA

I am going through something similar, but she hasnt made any contact to come back to me, and I know even though I may want her, I would be hesitant because of the possibility of going through the same thing again.

I dont know how long you have been apart, but dont pester him to get back with you, although it would be good for you to let him know your feelings, and that you are sorry for pushing him aside.

If he is willing to chat, then great, if he is reluctant, just offer to be a friend maybe, but you have to know that it does not mean he will come back to you.

He will care about you, even after what iv gone through...feelings dont just dissapear no matter what he may say. Stick in there. only time will tell.

If you get another chance, then make the most of it and never let him go awain because if you do, he will never come back. I really hope it works out for you. Its a difficult thing to go through.

Answer 3

yes. he'll have to prove why he needs maintainence. the court will ask if the man can be gainfully employed. if he has a disability that prohibits him from working, then yes. if the wife received an education during the marriage & the husband didn't than there's a possibility. if the man can't prove almony, then no.

Answer 4

I heard some countries or maybe some states in USA have laws protecting men who could not go out to work (for medical reasons), enabling them to make maintanence claims from their wives. That is assuming that it is the wife who wants the divorce. I think it's only fair.

Answer 5

This sounds like a question my ex-husband would ask. "How can I get money without having to work for it?" When I was Divorced, that was the last thing on my mind. I bet you are one of those guys that looks for the easy way out of everything. And if this was a woman asking the same question, my answer would still be the same. Get a J-O-B like everyone else.

Answer 6

Technically he can. If he had jobs before, the court will want to see his serious efforts to seek jobs and award a reasonable amount of alimony but with a time limit for him to stand back on his feet. He probably gets a year or so.

Answer 7

Want to know how to get your ex back? Change yourself. Don't worry about changing other people, worry about changing yourself. Go to https://tr.im/t3P0k

Once you do that then you can start to worry about getting back together with your ex, other wise you will find that you are fighting about all the same things and getting no where. Do what it takes and I promise things will work out in your favor.

The funny thing is I came to the realization that I had to change a little too late. After I was kicked out and after I was about to lose the only things that truly mattered to me - her love. A funny thing happens when we truly love someone and lose them. We do what ever it takes to get them back. For me I had to drop bad habits that had caused not only our relationship to sour but practically every other relationship I had had in the past. Not only with women, but with friends, co-workers, family, you name it.

Which is why I say to you as my ex at the time said to me, the only thing you can do is change yourself. Work on yourself and improve on the person that you already are. Drop the negative things in your life that don't belong there and you will see all of your relationships start to take off to new heights.

Answer 8

Maybe if you are handicapped or on disability - nowadays, it is not that common for unemployed men OR women to get alimony unless they CAN'T work - the courts figure if you are ABLE to work and chose not to, it's your own fault. Try it - all they can do is say no!

Answer 9

Most women want money for child support and not maintenance. Sadly many women do not even ask for a simple child support. It depends on who is taking care of the child.

Answer 10

What kind of man would do that! He could not have any pride left in him at all! I have 3 brothers, a husband, and lots of guy Friends and I know a little about 'male ego' if he did this then the lady robbed the poor man of every ounce of his dignity