I got married in November 2005. From last 6 years me and my wife were living separate with our 2 kids (12 & 10 years respectively). From last 5 years my wife and I don't have physical relationship as she was not interested for that. Initially I was not doing good in my job but from last 3 years I'm working. She is working since beginning and earning better than me now. Now, she is asking for divorce. My family members and relatives have asked her to stay with family but she is asking for divorce and hefty amount. a) Suggest me what should I do? b) Is there any way to escape or reduce the maintenance amount. c) What is the criteria for maintenance amount, needs to be paid to wife or kids? d) My father is no more now. Can she or her kids claim anything in his property or money? e) She is harrasing me and I can't live without my kids. Please advise.
10 agree for divorce by mutual consent if wife gives her claim for maintenance and agrees to give you child custody
2) since your wife is working and earning more than you she would not get alimony
3) since both are working both have to shoulder kids responsibility
4) your wife has no share in your father property or his money
1. Since you are not together divorce can be given mutually without any issue though no amount in lieu of divorce should be given.
2. Yes she is working and qualified further she has deserted you the maintenance can be contested.
3. Though maintenance to kids has to be given through wife since they are minor but separate maintenance for wife can be denied and contested.
4.They have no claim in the self acquired or inherited property of your or your father.
5. File for the custody of children and pray before court the custody alternatively joint custody or the visitation rights.
hello
she is living separately for the last 5 years. she has deserted you without any cause. she has to explain this to the court. moreover, she is earning better than you. she is not entitled to any maintenance. I have various Judgments for that.
the amount can be paid to the kids if they are major which is not the case here, hence the wife.
your kids have a share in the ancestral property.
don't give her any maintenance as she is not entitled to any.
fule for custody for kids on grounds of desertion.
regards
A. You can file for divorce on grounds of cruelty and desertion by wife, if she is asking for an exorbitant amount as alimony or Maintenance amount
B. Since your wife is earning more than you presently, she cannot claim any maintenance amount or alimony from you.
C. Maintenance amount is only paid to wife, if she is unable to maintain herself from her own earnings. For minor children, the child support has to be contributed by the parents, according to their earnings.
D. Your wife can't claim any share in your father's property.
E. You can file a petition for grant of custody of your children. As the age of children is more than 5 years, the custody is usually given to the father for children above 5 years of age, but welfare of the child is of paramount importance.
Answerd by Adv kavery Anand Bangalore.. 1) u and Ur wife is living separately since 6 years..and she is working from from the beginning and earning more than u.. then u No need to give any thing to her. Bombay High court ordered that we'll educated and well earning women Not entitle with any kind of maintenance or alimony..
2) u can file for children's custody..in family court..
For more details please call me through kaanoon.com
Pl give RATING and feedback for appreciation
If she needs divorce ask her that you will not pay her on that condition you are ready to give divorce by mutual consent. Since she's earning she's not entitled to any maintenance or alimony but for kids you are bound to give 1/5 of your salary as maintenance. If you want custody of kids mention that in mutual consent divorce or file a petition for custody of children. If your father died without will and if property is ancestral in nature kids can claim share your wife has no right in that property
1. If she is not willing to live then you can not do much, I would advise you to go for mutual consent divorce.
2. If she claims maintainance for children then you will have to give, if she is earning then her plea of maintenance will be weak.
3. Criterion is your salary.
4. If he passed away without will then she can claim share for children.
5. You may file a case for custody
Regards
Hi, since she is earning she is not entitiled for maintanace ...You can contest the divorce petition and ask for the custody of kids as they are above 7 years
Dear,
a. I think mutual divorce is good for you also, as normal divorce process is
not beneficial for you but you mention heavy amount, so talk with her, and
decide good amount.
b. As you mentioned that your earning is not good and your wife has solid income, so
Present all the proofs related to her salary and job and request for no maintenance,
court may be not charge any maintenance from you.
c. Depend on your earning capability and their needs. yes both
d. If your father did not prepare will then your child's has right on his property. But not wife's
e. In my advice take mutual divorce and demand custody of your kids.
Dear Client,
Desertion for more than 2 years valid ground for divorce and earning wife not entitle to maintenance but children are.
She and kids have no claim in the property, you can seek custody of kids otherwise visitation right.
Maintenance shall be 25% of husband salary.
If you want to keep her with you then you should file RCR under section 9 of Hindu marriage act just to stay with you. .
If she's earning in that case you need not to pay her. You can file for custody of your children under guardianship act.
a. File a petition for restitution of conjugal rights since she has abounded you without any just and sufficient cause. Not need to give her consent for mutual divorce.
b. If she working, and that too more that you, there's question that you are responsible to maintain her financially.
c. Not any fixed formula to determine this.
d. Not during your lifetime.
e. Go to the court and try seeking custody of your kids.
1. Since she si earning and it is better than yours then you have no legal liability to provide alimony to your wife . But you remain liable fro maintenance of the children.
2. Since she is asking for divorce , take this opportunity to bargain in your favour and inform that you can give divorce only if she does not take any alimony on her account. If she is in hurry to get divorce this ay work out.
3. As stated above both you and your wife are equally liable fro maintenance of your wife.
4. Wife has no share in the property of husband but the children has if the property is his ancestral property.
5. File a custody suit and avoid listening to her demands.
If your wife is working you cannot ask maintenance for herself but of course maintenance for the children is always your responsibility and you have to pay for that.
Until there is a diverse she is you legally wedded wife and she have all the rights as wife but your children have all the rights as legitimate children in the property of your father.
Your children are over 5 years of age and legally you can claim the custody of the children
1) Before my father's death he made a will where he made two legal heirs (me and my younger brother) after my mother. My mother is alive as of now. 2) After this will my father had evicted me from all his property keeping in mind that such situation will occur (divorse with my wife). 3) My wife is not aware of both of these facts (will and eviction). 4) I don't carry good bank balance but my father had and my wife is aware of this fact. Still do I've to pay her good amount for my children maintenance. Or only based on my bank balance I've to pay her kids maintenance or as per my salary I've to pay.
Sir Ur kids can claim for grandfather's property..
And now u have to give for Ur children.. education..food.. medical and other expenses.. based on ur salary.
Pl give RATING and feedback for appreciation
Eviction from property is not at all necessary.Wife cannot claim any part or amount from the property of father in law.
Your wife is already earning more than you.
You will have to file an income affidavit and based on that only the maintenance is decided.
Regards
01. No sir the fathers property and bank balance is no where relevant in deciding the maintenance amount this shall be solely based on the amount you earn.
Your maintenance amount will be decided on your salary and not on your assets. Secondly since you have a will executed by your father your children cannot claim a stake since after his death it becomes character of self acquired property. As such they won't have any right to seek in your property.
You have to pay maintenance as per your income
To your children
Courts have a view , husband has to work and earn in order to maintain his wife and child and cannot escape from it on the ground that he does not have a job.Unemployment can't be an excuse for not maintaining wife, child.
So, however poor the bank balance is, can`t escape bearing 50% maintenance of child.
The maintenance amount would be based on your monthly salary, lifestyle etc.
Your bank account having no balance in it would have no bearing in the case if you are earning a monthly salary.
Since, your father had emancipated you from inheriting hus property, your wife cannot claim anything out of it.
yes as per your bank balance and salary.
a) If she is not interested to live with you anymore then you may decide to quit the married life, but do not entertain her for the money she demands.
b) She will not be eligible for maintenance owing to her salary income and the fact of her employment.
c) She may seek maintenance for kids, but you can challenge the same on the basis of giving custody of the children to you.
d) No.
e) Then you file child custody case.
I don't carry good bank balance but my father had and my wife is aware of this fact. Still do I've to pay her good amount for my children maintenance. Or only based on my bank balance I've to pay her kids maintenance or as per my salary I've to pay.
She has to prove the income to claim maintenance accordingly.
Hence you may wait for her to file the case and produce the documentary evidences supporting her claim.
You can decide about it after that.