• Maintenance and alimony

I am a man 44 years old, got married in 2010.
 My wife is staying away from me since 1 year along with my ONLY DAUGHTER (8 Years old). 
 ๐ŸŒบ(A). Should I pay maintenance to my wife and daughter๐ŸŒน (1) if she went with out any reason.๐ŸŒน (2) if she went with reason. 
 ๐ŸŒบ(B). If she file DIVERCE case from me, shall I pay maintenance to my wife, daughter and Alimony ๐ŸŒฒ (1) if she went with out any reason. ๐ŸŒฒ (2) if she went with reason. 
 ๐ŸŒบ(C). If my wife file suit on me THROUGH MY DAUGHTER seeking daughter's share, then, should I need to give daughter's share ๐Ÿ‡(1) from ANCENTRAL PROPERTY ๐Ÿ‡(2) from my SELF AQUIRED PROPERTY ๐Ÿ‡(3) from BOATH, ANCENTRAL and SELF AQUIRED PROPERTY. 
 ๐ŸŒน๐ŸŒน๐ŸŒน If I file case on my wife under 
 RESTITUTION OF CONJUGAL RIGHTS, no need to pay maintenance to my wife in above all situations, to prove my sincerity to keep marriage. ๐ŸŒน๐ŸŒน๐ŸŒน please replay neatly, unbiasedly. ๐Ÿ™๐Ÿ™๐Ÿ™๐Ÿ™
Asked 24 days ago in Family Law from Hyderabad, Telangana
Religion: Hindu

1. If no court order you are not bound to pay maintenance . Though you can on your own wish pay for daughter this may help in custody case.

 A . See went on her on or went with reasons you are not bound till court orders.

2. The court shall decide the amount if wife is not earning , if she went on her on it can be contested.

3. Daughter has no right in property in.your life she has only right of maintenance.

No even in RCR court may ask you to pay maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1. If your wife is unemployed then you are bound to provide maintenance to her and the child.

2. The scenario does not change whether you file the divorce suit or she files the divorce suit.

3. Your daughter has share only in your ancestral property and not in your self acquired property.

4. Filing of RCR does not absolve you from giving maintenance to you.

Your dispute does not appear to be too serious. So go , spend time with your wife. Your dispute would certainly be resolved amicably and in a positive manner.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

You can file rcr. You need to give maintenance to daughter. Also wife if she is not earning. Daughter will also have rights in ancestral property. She will only have right in self acquired property if you want you give her share or you die without will

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

1) pay her maintenance if she went for reasons 

 

2) if she filed divorce proceedings court would direct you to pay her maintenance 

 

3) daughter has share in ancestral property and not your self acquired property 

 

4) even in RCR court can direct you to pay her maintenance 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

I am telling you some important aspects of law on the issue.

An working and/or educated woman is not entitled to any maintenance.

Maintenance is also not payable if wife withdraw herself from the society of her husband without any justifiable reasons. 

Now the remedies in hands of husband. 

If you do not want to pay any maintenance file RCR petition immediately. Try to get an order of RCR in your favour. 

If your wife does not comply with the order you shall be free from paying any maintenance to her. Otherwise there is every  chances, except in above two conditions, of court orders heavy maintenance according to your status. 

Defend in court against all allegations which she may made against you. 

Of course hire some good lawyer to deal with all such matter.

Kallol Majumdar
Advocate, Kolkata
1312 Answers
2 Consultations

5.0 on 5.0

Sir,

      In your case if your wife is not earning handsome amount, then you have to pay maintenance 

      your wife, if she file case for maintenance.

      You have to pay amount for your daughter welfare and education in any situation.

        Daughter right in only ancestral property not in your self acquired property. 

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

No maintenance for Wife who deserts Husband without a just cause, but daughter entitle to.

Don`t pay her anything, let her approach court for it. Daughter have no share in father assets except maintenance till her marriage or not earning.

No maintenance – If wife refuse to stay with husband

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Hi 

It is your bounden duty to maintain your wife and child.

The issue in your favour is in case, if your wife is qualified and can sustain herself without your support, in that case, your liability will substantially comes down (you have to prove her earning capacity), but you need to maintain your child.

Alimony is the issue which comes at the later stage i.e., when the parties go for settlement.

If you file RCR then she will come up with maintenance application (interim) which you are likely to pay.

 

S Srinivasa Prasad
Advocate, Hyderabad
735 Answers
6 Consultations

5.0 on 5.0

your wife can ask for maintainance if she is not working or earning.. The amount of maintaince is decided by court.

your wife and daughter has no right to claim in your self acquired property. but if it is ancestral property then your daughter can claim.. 

even if you filed section 9 RCR your wife can claim maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

 

Netravathi Kalaskar
Advocate, Bengaluru
3069 Answers
13 Consultations

5.0 on 5.0

- Wife Living Separately From Husband Without Any Reason Can’t Get Maintenance , and further this is a good ground for getting divorce from the court of law.
-  But , your daughter can claim maintenance from you as she is only 8 years old.

- Even , if she will file Divorce case against you , she will claim maintenance for her and the daughter , where you can present your reply on the ground of separation.

- If, she is living separetely with reason, then until she will proof her case , you will have to pay the maintenance.

- No, she cannot claim any share from your property during your life time.

- If, you get order/decree from the court after filing RCR in your favour , then she will loose her right to claim maintenance from you, but daughters right will be continued.

 

Mohammed Shahzad
Advocate, Delhi
460 Answers
18 Consultations

5.0 on 5.0

1) All you're questions are on assumptions basis let your wife file alimony case against you. 

 

2) If court grants to alimony and maintenance to your wife it will be maximum 25-30% of your net income.

 

3) Till you're alive she is not entitled to get your self owned nor ancestral property of your shares.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

You have to pay maintenance to your daughter whatever be the reason for which your wife left the home or even without any reason. 

But you may not have to pay maintenance to your wife if you can somehow prove that she left you without any sufficient cause and on her own will.

Yes she can file case through her daughter to claim her share in ancestral property but she cannot file suit to claim share from self acquired property.

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

Whether the wife went out of her matrimonial house on her own or she was driven out, she is entitled for monthly maintenance to meet her expenses provided she is not employed and has no source of income to sustain her expenses.

However if she has deserted the husband and abandoned the matrimonial home without any valid reasons or if she is employed and drawing handsome salary, then upon proving the same by substantial evidences before court, the husband can refuse to pay her the maintenance amount claimed by her.

But this cannot stop his daughter from claiming maintenance from her father till such time she is married.

The RCR petition cannot be an excuse to refuse to pay her maintenance amount.

The wife or his daughter cannot claim any share out his properties whether self acquired or inherited at least not during his lifetime.

 

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear Sir,

Please read following FAQs which will give an idea.

============================================================

FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..

======================================

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

  1. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC  in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR? 

Ans: It is Restitution of Conjugal Rights filed under section  9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. ย— 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. ย—Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

 

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The following are similar FAQs asked by my another client....for your ready reference.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

  1. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income

 

Kishan Dutt Kalaskar
Advocate, Bengaluru
4405 Answers
112 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer