• Divorce

I got married 7 years back. 1 have 6 yrs old daughter. I have been staying away from my wife from last 5 yrs. My wife never wanted to stay with my family neither with me and currently both my wife and daughter are staying with her family. I am giving them money for their monthly expenses but from last 2 years I am not able to provide them money because of my poor financial condition and therefore she has filed 
harassment case against me in Siliguri in West Bengal.
My query is since i am not financially secured and if she ask for divorce, can she claim money or property from my parents. I'm the only son and I have a sister who is married.
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) wife cannot claim maintenance from your parents

2) wife has no share in property standing in name of your parents

3) responsibility of paying maintenance for wife and daughter is yours only

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

No. She can not claim any property or money from your parents, there is no law exist in India.

If she is unable to maintain herself then she can claim maintenance from you for herself and for child.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. As long as your wife is not employed you are bound to given them maintenance and poor financial status or separate stay of your wife from you is no excuse.

2.Wife has no right of share in the proeprty of husband.However she ahs right of residence therein.

3. Your dispute is not serious as yet So try to resolve the dispute amicably, at least , for the sake of the child.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

Maintenance can be ordered and recovered on the basis of your earning and the property you have, not what your parents have.

If your wife is earning you don't need to pay her maintenance but your daughter should be maintained for that court will ask you to pay based on your capacity

Yess if you are asking for divorce through independent petition you will have to pay maintenance/alimony, so go for a mutual consent divorce by convincing her for the same to end the present dispute.

Not having a job is not a reason not to maintain your daughter. if you are able bodied you will be asked to pay a minimal amount to the child.

Harassment case has to be defended on the basis of whatever evidence possible from your side depending on under what provision she has filed the case.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Dear Concerned.

Firstly - you need to check what is the marital status of your wife who is not staying with you from lat 6 years. She might have picked someone for herself. As you have paid money continuously and not been able to pay from last few years you need to see what all charges she has filed against you , as DV charges can not be pressed because you have been staying separately and for any other charges too you can always showcase her interest towards money --- as till she was getting money she did not file any case and post that she has. This woman seems to be extremely money oriented.

Do not bow down to her ill wills fight your case - you may not have to pay anything if fought well from your side.

Best of Luck.

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. Has she filed police complaint u/s498A of IPC which has been registered by police as FIR? 498A FIR is registered for dowry harassment.

2. Your not being able to send her money has no connection with dowry harassment complaint

3. If she files a divorce suit she can claim post divorce alimony/maintenance from you.

4. As per supreme court order husband shall have to maintain family even by begging or borrowing.

5. While passing the maintenance order the Court will certainly assess your payment capability to fix the amount to be paid by you to your wife towards maintenance/alimony/compensation.

6. She will have no claim on your or your parent's properties during your or your parent's life time.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

For divorce and maintenance she can sue only you and not your parents.

If you are not able to give maintenance amount to her, you may present your defence appropriately before the court and express your inability to meet her demands.

She cannot claim any money or property from your parents, there is no provisions in law for that.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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