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.
Despite your husband's current unemployment status, he possesses adequate means to provide for his family's well-being. However, valid reasons have led you to choose a separate living arrangement, primarily due to a quarrel arising from his concubine.
As a legally wedded wife, it is well within your rights to claim maintenance under Section 125 of the Code of Criminal Procedure. Therefore, filing an application for maintenance under Section 125 crpc is highly recommended.
Although your husband is without a source of income, it is vital to note that as a guardian, he is obligated to provide for his wife's needs. Thus, his lack of employment does not justify refusing maintenance, provided he possesses sufficient means, and you can demonstrate that you are living in a state of destitution.
Unemployed husband is also bound to maintain his wife
It is important to note that an unemployed husband still holds the responsibility of providing maintenance to his wife. As a guardian, he is obligated to ensure the well-being of his spouse, and his unemployment status does not absolve him of this responsibility. Therefore, your husband cannot refuse to provide maintenance to you due to his lack of employment.
However, to claim maintenance under Section 125 crpc, you must be able to demonstrate that your husband possesses sufficient means to provide for you and that you are living in a state of destitution or vagrancy. Proving this is essential to ensure that you receive the necessary financial support to maintain a decent standard of living.
WIfe is entitled for maintenance even if she is living separately
When a wife is living separately from her husband, she must prove a valid reason for the separation. The presence of a concubine or mistress is considered a justifiable cause for the wife to live separately from her husband. This is explicitly recognized in Subsection 3 of Section 125 crpc.
In such cases, the wife is entitled to claim maintenance from her husband, even if he is currently unemployed and they are living separately. It is crucial to note that the obligation to provide maintenance to the wife remains with the husband, regardless of his employment status. Therefore, if you can prove that you are living separately due to the presence of a concubine or mistress, you are entitled to receive maintenance from your husband, even if he is currently unemployed.
