Can a husband be compelled to pay maintenance if he has no income or is unemployed?

Yes, a husband can still be compelled to pay maintenance to his wife even if he has no income or is unemployed, depending on the circumstances of the case. Indian courts have consistently upheld the principle that a husband has a legal and moral obligation to maintain his wife if she cannot maintain herself. This obligation exists under several legal provisions, such as Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and personal laws. Below is a detailed explanation of the scenario:

Legal Framework for Maintenance

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):

- This section provides that a husband is obligated to provide maintenance to his wife if she is unable to maintain herself.

- The law applies regardless of the husband’s employment status. Courts often assume that every able-bodied man has the capacity to work and earn for his family.

Personal Laws:

- Hindu Law (Hindu Adoptions and Maintenance Act, 1956): A Hindu husband is bound to maintain his wife during her lifetime unless she remarries, is unchaste, or refuses to live with him without reasonable cause.

- Muslim Law: The husband’s obligation to maintain his wife exists under Sharia law unless she is disobedient or guilty of gross misconduct.

- Other Religious Laws: Similar obligations exist under Christian and Parsi personal laws.

Court's Approach: Unemployment Does Not Negate Maintenance Liability

1. Presumption of Ability to Earn:

Courts operate on the assumption that every able-bodied man has the capability to work and generate income, even if he is currently unemployed. They hold that lack of current income cannot be an excuse to deny maintenance.

2. Alternative Sources of Income:

The court considers any alternative means of income the husband may have, including:

- Property rentals

- Savings

- Investments

- Family wealth

3. Imputed Income:

If a husband claims unemployment, the court may "impute income," which means assessing what he could earn based on his age, qualifications, and work experience. Maintenance can then be awarded based on the hypothetical earning capacity.

4. Proof of Financial Difficulty:

A husband may submit evidence to demonstrate his inability to pay maintenance, but courts rarely accept financial hardship as an excuse if the wife genuinely needs support.

Maintenance Determination in Case of Unemployment

Factors Courts Consider:

1. Standard of Living of the Wife:

The court assesses whether the wife can maintain the standard of living she enjoyed during the marriage. If not, the husband’s obligation to maintain her persists.

2. Husband’s Assets:

Courts examine the husband’s assets or inherited wealth. If he possesses immovable property, its potential rental value may be considered for maintenance.

3. Husband’s Family Support:

In some cases, courts have suggested that family members assist a husband in fulfilling his maintenance obligations if he is unemployed.

4. Nature of Unemployment:

The court may consider whether the unemployment is voluntary or involuntary. A husband deliberately avoiding work to evade maintenance obligations is looked upon unfavorably.

Relevant Case Laws

1. Shailja v. Khobbanna (2018):

The Supreme Court held that the unemployment of the husband is not a ground to evade maintenance obligations. Maintenance can be awarded based on imputed income or assets.

2. Ravindra v. Radhabai (2021):

The court noted that an able-bodied husband cannot shirk his responsibility to maintain his wife by claiming unemployment or lack of income.

3. Bipin Chandra v. Prabhawati (2020):

The court held that financial incapacity alone cannot relieve the husband of his maintenance obligations. An unemployed husband must seek employment to fulfill his duties.

4. Bhuwan Mohan Singh v. Meena (2014):

The Supreme Court emphasized the husband’s duty to ensure his wife does not face destitution. Inability to pay is not an excuse unless exceptional circumstances are proven.

Procedure if Husband is Unemployed

1. Filing for Maintenance:

The wife can apply for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or other relevant laws. She must show her inability to maintain herself.

2. Husband’s Reply:

The husband can submit a reply detailing his unemployment status and inability to pay. However, this defense is subject to the court’s discretion.

3. Evidence and Proof:

- Wife must prove the husband’s capacity to earn and his current financial status.

- The husband must provide evidence of genuine financial hardship, such as medical records or unemployment reasons.

4. Court Order:

- If the husband has no income, the court may award a smaller maintenance amount.

- Courts may order him to seek employment or consider his assets and imputed income.

Remedies for Husbands Facing Financial Hardship

1. Requesting a Lower Maintenance Amount:

- The husband can file for a revision of the maintenance order, explaining his financial challenges and requesting a reduced amount.

- Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) allows for modification based on changing circumstances.

2. Seeking Employment:

- A husband must demonstrate efforts to find employment to convince the court of his genuine intention to fulfill maintenance obligations.

3. Mediation:

- Courts often recommend mediation to resolve maintenance disputes amicably.

When Can a Husband Be Exempt from Maintenance?

A husband may avoid maintenance obligations if:

1. Wife is Guilty of Misconduct:

- If the wife is unfaithful or guilty of misconduct, her entitlement to maintenance may be denied.

2. Wife is Financially Independent:

- If the wife is earning sufficiently to maintain herself, the maintenance obligation may be canceled or reduced.

3. Valid Grounds for Separation:

- If the wife’s behavior was the reason for separation, courts may consider this when deciding maintenance.

FAQs

Q1. Can unemployment completely absolve a husband of his maintenance liability?

No, unemployment does not automatically relieve a husband from his maintenance obligations. Courts expect an able-bodied husband to find means to support his wife.

Q2. What happens if the husband is incapacitated due to a medical condition?

In such cases, the husband may provide evidence of his medical condition to seek exemption or reduced maintenance. The court will consider his specific circumstances.

Q3. Does the court consider the husband's efforts to find a job?

Yes, courts consider whether the husband is making genuine efforts to gain employment. Deliberate unemployment to evade maintenance can lead to adverse orders.

Q4. What if the husband relies on loans or family support?

The court may consider other sources of financial support available to the husband, including loans, family help, or inherited wealth, while determining his maintenance obligation.

Q5. Can the wife take legal action for non-payment of maintenance?

Yes, if the husband fails to comply with a maintenance order, the wife can file an execution petition, leading to penalties, attachment of assets, or even imprisonment.

Conclusion

Even if a husband is unemployed or has no regular income, courts typically hold him responsible for maintaining his wife. The legal presumption is that every able-bodied person can earn a livelihood to fulfill family obligations. Husbands facing genuine financial difficulties can seek reduced maintenance, but they must demonstrate concrete efforts to improve their situation. Courts aim to strike a balance between ensuring the wife’s welfare and acknowledging the husband’s financial reality.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.in