You have to pay maintenance to your wife if she is not working
2) further you will have to pay maintenance for your son
3) seek joint custody of your son
4) court will award you at least visitation rights
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Will I get justice in the desertion and cruelty from my marriage?
Dear Esteemed Advocates, first of all thank you so much for your time to read this case. I got married in the 2002 to an affluent business person's daughter from coimbatore. they indicated they shall put some 100 sovereigns and a car. we have put 25 sovereigns. they bought the car in her name only and the jewels they said they shall keep in bank locker safely and give us when ever needed but they never shown me until now. we went to Germany immediately after my wedding and stayed there for two months. when we back in India she said she conceived and she wanted to stay at her parents house since then. meanwhile i was working at Bangalore.And in the year 2003 my son has born. after six months i took them to Bangalore but could never stay together continuously for more than two months as she would always have some work at Coimbatore as she is the only daughter to her parents. Later i applied for transfer to Coimbatore and moved from Bangalore thinking of supporting her and the family as a whole. since then they started ignoring me. she would always stay at her mother's home only. and we had lot of quarrels because of her attitude. their parents dont even listen what i had to say. Now the matter of fact is that, she left me in the year 2012 and never bothered to come back. I had gone many times with my family members to bring her back home. But she never cared to take any decision. I had given a legal notice but did not work out. Subsequently i filed a petition asking for divorce on the grounds of desertion and cruelty. last two years I have been attending the court proceedings regularly. Initially there was a counseling and end of counsellng she has agreed to come to my home. But that never happened and she has avoided me. And later they came forward for mutual settlement. But the money they demanded was too much i did not agree for that. now after giving enough time the judge has asked them to file the contest. Now they filed a contest and we have asked them to prove. Now, my question is : i heard that its the liability of the husband to pay maintanence if in case the divorce comes through. when the fault if not my side why should I pay and struggle further? I have lost the love and affection of my son all these years. and whats the way to get back him. OR what would you advise , for me to proceed in this case. I have also furnish further information if required. If you are Tamil and happened to see the movie " Solla Marantha Kadai" my story is exactly same. Only problem my so called wife has too much of attitude problem. I dont know if its naturally comes because of being rich and only daughter.Please advise.
Asked 7 years ago in Family Law
Religion: Hindu
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7 Answers
Now, my question is : i heard that its the liability of the husband to pay maintanence if in case the divorce comes through. when the fault if not my side why should I pay and struggle further?
I have lost the love and affection of my son all these years. and whats the way to get back him.
The maintenance grant is not automatic along with the divorce proceedings.
She has to apply for maintenance or alimony by filing a petition and an affidavit giving reasons for seeking maintenance and also should prove your income to justify the quantum of maintenance amount sought by her.
It becomes the duty of the husband to maintain his legally wedded wife whether or not she is dutiful or caring her husband or remaining in the matrimonial home for ever.
For seeking child custody you may file a separate petition and also an application for visitation rights as an interim relief.
1. Well, if the wife is unemployed then husband is able for her maintenance @ 1/3 - 1/5th of his income.
2. As per the recent supreme court decisison even if desertion by wife is proved and divorce is granted also the liability of husband to pay alimony to wife does not go.
3 . If the terms of amicable settlement is not agreeable to you then pursue the case of divorce in the meantime and continue to pay maintenance till after divorce your wife re marries or joins in work.
1. You have a serious flaw in your case being "they indicated they shall put some 100 sovereigns and a car".
2. If they can prove that you had asked for the above and/or dowry, then the Court will consider adversely against you.
3. However, since the year 2012 you two are staying separately for which you should now negotiate with her for MCD on acceptable terms for both of your mutual interest.
4. The contested divorce case will continue for 2 to 10 years making both of you old to start life afresh.
5. If she is not willing for MCD, proceed with your divorce case fittingly seeking its early disposal by the court.
What if she is rich enough and has her own business? we have huge economical disparity and I am on the lower side. she is the only daughter to her parents who run an industry for last 35 years.Is our legal system is so irrational?
Asked 7 years ago
If wife has her own business and is earning more than you she would not get maintenance
1. If she has her own quantifiable income regularly earned by her then she is not eligible for any maintenance from her husband.
2. However, while assessing her earnings, the wealth and/or income of her parents will not be considered at all.
3. Our law was enacted taking in to consideration of the common people in general. it is unfortunate that now a days most of the Metro Women are misusing the provisions of law.
4. To prevent such misuse of law, Supreme court has now directed the police not to make any arrest of the husbands against complaints lodged by the wives u/s498A without conducting enquiries. this is a great relief to the ill fated husbands.
The issue is about what her income is and what her own assets which fetches her the so called income.
If her father is rich she cannot be considered to be rich, her husband cannot escape the liability saying that her father is rich hence she is not eligible for maintenance.
Dont blame the legal system, it is quite fair and proper.