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?
4 Answers from Attorneys
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.
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 ?
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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.
i have already replied to your query.
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