Q: Does any law bound husband to provide maintenance even if he is incapable of providing maintenance?
Ans: Under prevalent laws i.e. Hindu Adoption & Maintenance Act, 1956, Hindu Marriage Act, 1955, Section 125 Cr.P.C , a husband is supposed to maintain his unearning spouse out of the income which he earns but no law mentions that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. There is no law that Court can tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage.
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