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Can I get maintenance from my unemployed husband

Shivendra Pratap Singh

Advocate

06/10/2021

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Can I get maintenance from my unemployed husband? My husband is unemployed due to heavy losses in business during the Covid period. He is still not working but capable of feeding his family. Recently he has developed an illegal relationship with his ex-employee and is planning to marry her. 

Therefore, there was a lot of quarrel between us after the revelation of that relationship. Now I have left his house and am currently living with my parents. I want to claim maintenance from him.

Question from: Delhi

Your husband is, however, unemployed but he has the means to take care of his family. You have sufficient reason to live separate from him. He has a concubine and therefore, it was a reason for a quarrel between you. 

A legally wedded wife has the right to claim maintenance under Section 125 of the Code of Criminal Procedure. You should file an application under Section 125 crpc for the maintenance. Your husband has sufficient means to maintain you, however, he is currently no source of income. 

Unemployed husband is also bound to maintain his wife

An unemployed husband is bound to maintain his wife because he is the guardian and has the responsibility to take care of her. Your husband cannot refuse maintenance due to unemployment. You have to prove that he has sufficient means and you are living in vegarancy or destitution.

WIfe is entitled for maintenance even if she is living separately

If a wife is living separately from her husband then she has to prove a ground for living separately. Husband having a concubine or mistress is a sufficient reason for the wife to live separately from her husband. Explanation of Subsection 3 of Section 125 crpc itself recognises it as a valid ground for living separate. 

If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’ s refusal to live with him.

Section 125(3) crpc

You’ll get maintenance from her husband even though he is unemployed and you are living separately.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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