Table of Contents
Authored By: Harpreet Kaur
The Right to Maintenance in Cases of Husband’s Unemployment “
Introduction
In matrimonial law, the right to maintenance is crucial to ensuring financial stability for spouses. This article delves into the complexities surrounding this right when the husband is unemployed. Parties of any religion can enforce their right to maintenance under these provisions. These provisions are intended to require a man to fulfil his moral commitments to society regarding wife, children, andents and other dependent persons. However, little is known about a man being taken care of by his wife and children, and therefore, this article provides a few notable case laws where the judiciary has accepted the unreasonable fact that the wife or the children are maintaining their husbands or fathers.
Maintenance of husband
In Sections 24 and 25 of the Hindu Marriage Act 1955. These are the two provisions, i.e. must be taken into consideration while discussing the maintenance of the husband. Both the provisions are gender-neutral in their approach and, therefore, can be invoked in maintenance suits involving the husband as the aggrieved party. The wife has filled out the maintenance application under section 125 of Cr. P. C.
Purpose of Section 125 of CrPc
- The purpose behind Section 125 of the CrPC is to protect dependents who are unable to support themselves from hunger, misery and vagrancy. This social justice law was enacted to protect women, children, and elderly parents.
- The primary purpose of Section 125 of her CrPC of 1973 is to provide relief to abandoned and destitute wives, neglected and abandoned children, vulnerable elderly and disabled parents. It is. As a result, this provision promotes social welfare and social service. The powers of a magistrate are primarily preventive in nature, rather than punitive or punitive.
- The lengthy, tedious and difficult process of civil law and litigation should be avoided by providing simple, quick and limited remedies. This is because (to some extent) coercion imposed on individuals who are obliged to support dependents who are unable to support themselves.
- Women, children and parents should not be left on society’s garbage heap to incite others to commit crimes or commit crimes themselves. A contract that violates this responsibility and completely waives the right to support his wife and young children will not be considered legal.
Husband should pay maintenance even if he is jobless’
The Madurai Bench of the Madras High Court has ruled that even if a man is unemployed, he must pay maintenance to his wife as per the court order.
Justice G. Rajasuriya said that she cannot claim that she is poor in order for her husband to escape the responsibility of paying monthly maintenance to his wife.
“The husband must take care of his wife in some way, even if he is unemployed,’’ the judge said.
Related cases to right of maintenance when husband is unemployed
Vaibhav Singh v. Divyashika Singh, 2022
The Supreme Court bench held that “a husband cannot avoid his responsibility to pay child support to his wife; it is the husband’s duty to pay child support to his wife.’’ When maintenance is decided.
If the husband intentionally quits his job after filing an application for maintenance, the court may consider him to have sufficient resources pursuant to Article 125. The court has assumed such a presumption in order to thwart your husband’s tactics and ensure coverage of section 125. Your husband cannot rely on the fact that he is unable to pay child support to his wife and children because he does not have a job.
SandhyaraniSatpathy vs. Sachikanta
The Orissa High Court held that unemployment is not a ground for a husband to refuse to pay maintenance or permanent maintenance to his wife.
The court explained that quitting one’s job and attending law school does not alleviate a husband’s responsibility to his wife.
- Rights of Husband to deny pay the maintenance
But husbands have little reason to avoid such responsibilities. We will discuss it in this article. However, these reasons are relevant to the application of Article
Adultery
Under Section 125(4) of the CrPC, if a wife engages in adultery, she is not entitled to receive maintenance from her husband. Additionally, consideration of the woman’s income is also ignored if infidelity is proven.
Second marriage:If the applicant’s wife marries a second time, she loses her right to child support from her husband from her first marriage.
Desertion:If a spouse intentionally refuses or abandons the marriage, it is a violation of the husband’s duty to support the spouse. However, it is necessary to prove that the wife placed unfair conditions or restrictions on cohabitation, or completely refused cohabitation.
Mutual Consent: If a husband and wife are separated by agreement, the husband is not obligated to pay alimony, but he may be liable for compensation in an amount agreed upon by the parties.
Conclusion :According to this article, the husband is bound to pay the maintenance amount even if he is unemployed, because in many cases the court has held that it is the primary duty and responsibility of the husband to give maintenance to his wife, children, parents, and other dependent persons. The husband is responsible for fulfilling the requirements of his wife, and the claim for maintenance is a fundamental right of dependent persons, wives, children, and old parents. However, in my point of view, it is wrong to put pressure on the husband to pay the maintenance because the increase in divorce cases between spouses and the filing of false cases just for claiming maintenance from the husband. The amendment of Section 24 and 25 of the Hindu Marriage Act, 1995 explains that the husband also has the right to claim maintenance from his wife in case he is unemployed and the wife has an earned income. This amendment aims for gender neutrality between spouses. This amendment aims to reduce the burden on husbands and the number of divorce cases, as well as decrease the ratio of filed cases of domestic violence, etc.
According to this article, in any case, the husband is liable to pay the amount of maintenance.
