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.
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.
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.
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 3 years ago in Family Law from Hyderabad, Andhra Pradesh
YOU CAN ALSO FILE CHEQUE BOUNCE CASE AGAINST HER
Advocate, Greater Noida
She cancels the cheques as if she lost them.
In such case also can we file a check bounce?
Asked 3 years ago
for cheque bounce there has to be legal liability for prosecution under 138 ni act
Advocate, New Delhi
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 .
her creditors can file cheque bouncing cases if cheques have been issued by her and dishonoured on presentation .
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.
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.
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.
1) Does it mean, if she/ I file(s) for divorce, I need to pay alimony?
For the past 10 years I have been working for her company. Though not documented, invested in that company too. I got neither my investment nor salary for my work. I am not even a director of the company.
In previous company both were directors, She was MD has complete financial authority. I put my property as colletoral security. Because of her fin. mis management, I had sell my assets and clear the bank loan.
Even Now, when her creditors come, I was forced to answer or pay the money by getting hand loan.
Through her new company, (again becasue of my hard work here too) she is doing lakhs of business for the past 4 years. I am denied even the basic amenities. When I try to look for another source of income, she is creating hurdles, keeping spys on me.
Under these circumstance also, I need to pay alimony means, I dont know how to understand the Indian Law.
The only mistake I did was , thinking that she is my wife, I invested my time and money, without any documents.
2) Am I liable for her debts too. Please clarify.
3) As I am not in a position to pay anything as alimony, what do you advise me to do.
Thanks in advance
Asked 3 years ago
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 .
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.