Legal Question in Family Law in India

My Ouestion : - whether medically unfit person who not competent to earn is liable to pay maintenance to his divorcee wife?

Mr. Sanjay Kalra, Advocate Answer : NO

Now why not ? Is there any legal provision or judgements in this regard?


Asked on 8/12/12, 2:01 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

Your question has the answer , if the person is medically unfit and not competent to earn that means what you have stated is true and proved in court then which court in this country will ask him to pay.

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Answered on 8/12/12, 6:51 am
Global Legist Advocate & Legal Consultants

Hello,

Are you earning any thing ?

Is your earning is substantial ?

Do you have kids ?

Who is having custody of kids ?

Do you have Property in your name ?

how old is your marriage ?

For any further enquiry please contact us.

With Regards

Global Legist

Advocates and Legal Consultants

+91 9873400403

[email protected]

www.globallegist.com

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Answered on 8/12/12, 8:29 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

maintenance depends upon various other factors viz. the income of husband from other sources, his income from investments, properties etc. and the maintenance cannot be denied merely because he is unfit and unable to earn. the income and capacity to earn, both need to be taken into consideration before deciding an application for maintenance.

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Answered on 8/12/12, 10:42 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i have already replied to your query.

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Answered on 8/12/12, 8:51 pm


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