Husband purposely became jobless to frustrate my case

by Dec 12, 2019

Husband purposely became jobless to frustrate my case. I filed a lawsuit in court under the protection of women from domestic violence act 2005 under sec 12,18,19,20 & 23. How I will get interim maintenance from my husband if he is purposely jobless?. I am having a daughter of 1yr to take care off.

Advised by: Shivendra Pratap Singh

However, this is the prime liability of the husband to maintain his wife if she is living in destitute. The above-said liability is not limited to the wife, but it also extends to the children. Therefore the legislature has made several laws in respect to maintenance. Section 20 of the protection of women from domestic violence act is one of them.

You have applied to the Domestic Violence Act and seeking several relieves, including the maintenance. After the marriage husband becomes the natural guardian of the wife; therefore, a married daughter cannot get maintenance from her parents. The husband cannot refuse to extend financial support to his wife on the ground of joblessness. In this situation, the law presumes that the husband has the ability to earn; therefore unemployment of husband is not a sustainable defence. In several judgements, the Supreme Court has held that the husband cannot absolve himself from maintenance because he is not earning. 

Maintenance order

Whenever the court grants maintenance order against the husband, it has to take into consideration the factual situation of both parties. The court must consider that What is the actual need of the wife and the financial capacity of the husband. After that, the court should fix a monthly allowance as and alimony. Manish Jain v. Akanksha Jain, (2017) 15 SCC 801 

You said that your husband became purposely jobless to frustrate your right to maintenance. I think you have evidence to prove the conduct of your husband that he willfully became unemployed. To fix the amount of alimony, the court may consider the past earning of the husband. Therefore, it is not an easy task of your husband to exonerate himself from the liability to maintain you and your daughter.

Produce evidence

You should produce evidence before the court to prove that your husband intentionally became unemployed. If the court finds that your husband is deliberately frustrating your case, then the court may pass appropriate order of maintenance. The fact of unemployment is immaterial when the husband possesses good educational qualification and has the ability to earn. In the past few years, it is a growing trend among the husbands to resign the service and become jobless only to defeat the wife in the lawsuit.

Husband refuses to maintenance due to unemployment

If the husband is unemployed still he is bound to maintain his wife. It is the paramount duty of a husband to maintain his wife unless he is unable to earn due to his physical or mental infirmity. The wife can claim maintenance from the husband if he deliberately refuses or neglects to maintain her.

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