• Wife's behaviour

My wife and myself were running a small scale manufacturing unit ( both were post graduates in the same field). Thinking that, lady entrepreneur has some tax benefits, subsidies etc., I transferred all the authority on her name. Then onwards she was spending money without any accountability. Finally, the company went banckrupt. I sold my property which was collateral security. 

We also had another small software development company, for which she is MD. I am no way legally bound to this software company.  Thinking that she had been suffering to manage, we divided the responsibilities of the software company. She looks after mktg, I look after development & delivery.
We do not have any legal agreement for the above said sharing responsibilities.

LATE COMING:
For the past 8 to 10 years, She starts her day by 12 pm or 1pm in the afternoon. and comes at 10 pm though all our clients working hrs. 8 am to 4pm. 
For the past 1-2 years she even started coming at 12 am, 1am and so on.
She does not have any bad habbits like drinking, smoking or others. She spends Rs1000 for petrol + driver charges. + other personal expenditure which are no way value adding.

"Luring others to invest."
She started attracting other people to put money in this software firm, after couple of years, she alleges them they are the reason for losses.( She takes care of no legal agreement between the new investor and her or her s/w company). Like this twice happened. One filed suit in court.

"Bounced Cheques"

She gives so many cheques, to others, say, mobile bill, credit card bill, internet bills, Most of them bounces in most cases. Company's current a/c is full of cheque bounce issues.

"Travel agent dues"
She maintains trust for couple of months with travel agents, then takes air tickets from them on credit later.  after 6,7 months, they start pressurising. Some come to home even, create all nuisance. 

"Driver Dues" 

Because she doesnot pay drivers properly, couple of incidents happended wherein drivers people invaded our home and created lot of nuisance. Even Police came. I Felt very ashamed my apartment.  

Non payment of salaries to employees

As she does not pay salaries on time, after waiting for 3 months, in two separate incidents, 2 of the employees took the computers from the office. Later she filed a case with police. They brought the Computers but she did not pay the money to them. She has very bad remark at our local police station also.  Recently I came to know her father is also of similar nature.

In certain issues, I have to intervene in pay amount to those guys.

I am not paid for my services in the software company. though she gives post dated cheques, they never get honoured.

Under these grounds, can I file for a divorce. As I exhausted all my assets to clear dues, I am not even in a position to give any alimony if required.

We have a daughter who appeared 10th class. My daughter loves to stay with me.

Please advise me. I am sorry for such a long description. 
Thanks in advance.
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
YOU CAN ALSO FILE CHEQUE BOUNCE CASE AGAINST HER
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
for cheque bounce there has to be legal liability for prosecution under 138 ni act
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
basically you want divorce  on account of your wife extravagant nature . file for divorce on grounds of mental cruelty . document the instances wherein she issues cheques without any balance in account , ,never pays employee on time , non payment of travel agent dues etc which causes great embarrassment to you .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
her creditors can file cheque bouncing cases  if cheques have been issued by her and dishonoured on presentation .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
You may apply for divorce on the ground of financial misery which has occasioned to you on account of your wife spending the money in an unwise manner. Hence, you may seek divorce on the ground of mental cruelty by your spouse. You will be required to submit the documents which can prove that she spent the money in an unwise manner and does no fulfill her business promises which result in ignominy to you.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
She can be prosecuted by her creditors for the cheques issued by her which have bounced due to insufficient amount of money in her bank account.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
You may fittingly contest her claim to alimony if she files it. If your daughter wants to live with you then you may seek her custody by filing a case for child custody in court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) if your wife is doing well in business and is MD of her company you would not be called upon to pay alimony 

2) if you are not a director of company and dont have any shares in company nor are signatories of any cheques you would not be liable for your wife debts .
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. You will be required to pay alimony only if your wife is not earning well.

2. The debts of wife will not pass over to husband except if husband has jointly contracted debts along with his wife by signing any agreement whereby loan was obtained or cheque whereby and whereunder an amount was advanced to some one else. In no other scenario you are liable for her debts.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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