I wish to seek divorce from my wife who lives under same roof, though separately, and is earning a handsome salary, being gainfully employed, while I'm unemployed for last few years. I have 50% share in an inherited property, which we live in, and some savings basis which I somehow bear household expenses. Is my wife entitled to alimony/maintenance and a share in my inherited property on divorce? I have 2 kids, both are adults and 1 of them is financially independent.
1. No she is not entitled to any right over the ancestral property. When did you got married?
If she is earning well then in that case she is not entitled to maintenance also.
However, she can claim the share in the property through the child.
It will rather be better if you decide the matter mutually and go for mutual consent divorce.
Regards
Your wife has no share in your inherited property
2) she is not entitled to any maintenance or alimony as she is working and drawing handsome salary
If you're not earning and you want divorce from working wife than in your case you're entitled for alimony from your wife.
Yes, husband is entitled get alimony from working wife when husband is not working. Plus she is not entitled in the property till husband is alive.
Since your wife has independent source of income , you are not liable for her maintenance.
However wife has no share in the property of husband though she has right of residence therein.
You are entitled for maintenance of adult unmarried daughter, if any, from your husband.
See wife has no share in the proeprty, further if the wife is earning then the maintenance can be denied.
See you can file divorce on ground of cruelty if wife ask for maintenance then you can contest same and further court may deny her maintenance.
Law gives discretion to judges to determine the quantum of maintenance amount under HMA and DV act
So it is all within judges to a decide the maintenance amount.
There is now no clarity in maintenance issues. It all turns into mess by different court orders issued in different directions. It now becomes a matter of luck. There is no uniformity in judgements.
At this situation, if you are lucky enough you may not be ordered to pay maintenance since you are not having any regular source of income and your wife is working.
But some unlucky husbands are there who have been ordered to pay maintenance irrespective of the fact that they are unemployed having no regular source of income. Now the question is how they can comply the court order. Will they go for stealing or like this. On the other hand his wife will be sitting idle and enjoy. Even female insects do hard work to live.
So this is the present scenarios of getting justice in law. Your fate is completely in that hands of judges.
As per law your wife does not any right to your property.
So far maintenance is concerned, drawing an opinion as to the legality of entitlement of it has now become totally impossible due the reasons mentioned above.
Good news is that supreme court is going to issue some guidelines on how to determine the entitlement and quantum of maintenance under different probable circumstances . It may take some more time.
- As per law, A wife has no claim over the self acquired or inherited property of her husband during his life time.
- Further, under section 24 of Hindu Marriage Act, if wife or husband , having no independent income sufficient for her or his support , then either can claim maintenance .
- Hence, your wife is not having any right over your property during your life time and even on divorce.
- Since, you are unemployed , and she is a working lady, then she cannot claim any maintenance/allimoney from you , further if you are not having any source of income , then you can claim maintenance from her as well.
Good luck and dont forget to rating Positively.
She will only have share if you give her. She can only demand alimony and no other rights in property
Dear Sir,
Depending on ones caste, culture, religion and mutual agreement wife has had with her husband, one can opt for Alimony, there are two types … When it's given during the time of the court proceedings, it is a maintenance amount. The second is when it's given after the legal separation. As far as the stree dhan is concerned, a woman has exclusive rights over it. Assets she received from her family and her husband's family during the course of the marriage remain hers.
The court decides the amount of alimony/maintenance which is too be paid by the respective spouse after examining various parameters. The income of the spouses, their standard of living and financial status are the factors considered. Both spouse's income, investments and net worth, as well as the financial needs of the individuals are taken into account. "Though there isn't a fixed formula to quantify the amount, generally it is in the range of one fifth to one third of the gross earnings of the spouse who has to pay alimony.
Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime. However, after divorce, a divorced wife does not get any right over her ex-husband's self acquired property even after the lifetime of of her ex-husband
Dear Sir
Normally maintenance is granted to support the spouse and children but if you can establish the independency in Court things can work out in your way.
As per property it has to be seen whose ownership it is and the extent of contribution by both.
Earning wife not entitle to alimony neither wife have claim in husband property. And major children also not entitle to claim anything from father.
No if ahe earns more than you she is not entitled to maintenance. Tell her to leave your house. Also file a divorce petition in the family court.
Regards
Since your wife is employed and drawing a handsome salary, she may not be eligible for maintenance amount from you.
Even though you both reside in the same house but live separately, or even if she is living out separately away from you, she is not entitled to claim any share out of your property not at least during your lifetime.
If your wife is independent and earning handsome money then she will not be eligible for maintenance.
But you have to prove that she is earning more than you at time of divorce and she can maintain herself without your help.
She cannot claim share from your inherited property
A wife is not legally entitled to her husband's self acquired property and can only enjoy her husband's self acquired property till her husband's death. A wife cannot claim her husband's property before or after divorce.
unemployed husband need not pay maintenance to his employed wife,
Can she claim any share in my personal earnings/ savings? I hope the custody of kids does not arises in our case as both are adults and can choose which parent they want to stay with, post separation. How do we prove that we have been staying separately under one roof for over one year? Can she also claim on the household assets like furniture etc. most of which were bought by me, post marriage? What is the probability that the court may decide in the matter in the first motion itself, without waiting for the 6 months cooling period, in line with the SC decision in one such case off late?
That is an exceptional case. But if she earns she is not entitled to anything and that includes furniture etc.
She can only claim alimony from your personal earnings. If custody is with her she can also claim child support. You need to apply to court to waive off the cooling period.
Custody of children dies not arise as they can choose to stay with any parent they so desire
2) she has no share in your personal savings
3) cooling period is not waived by family court
4) 6 months coiling period is mandatory
1. In maintenance she can claim from your earnings.
2 . See you can take that as ground that you both are staying saperately, there is no physical or Conjugal relation between you two.
3. See you have to file to waive off the period as per SC decision the waving off depends on case to case.
She cannot claim any share out of your personal account or earnings.
There's no question of child custody if the children have become adults.
She may claim the household articles on the basis that she bought them.
In mutual consent divorce you may get it immediately based on latest supreme court judgment.
Dear Sir
Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime. However, after divorce, a divorced wife does not get any right over her ex-husband's self acquired property even after the lifetime of of her ex-husband
How to avoid Alimony
While the right to alimony is a basic right, the question; how to prevent alimony in divorce in India is also asked many times. We have listed the factors in which the divorce without alimony in India is possible.
She cannot claim any share in self acquired or in personal savings.
Judges must decide custody based on “the best interests of the child.
6 months period can be waived. In latest judgement of the Supreme Court it has been seen that if the Parties are agreed to go for divorce mutually then the 6 months period can be waived.
No she cannot claim any share from your savings and properties.
You have to prove non consummation of marriage and mental cruelty by wife for getting divorce.
6 months period may not waive in your matter. And separately living from year is not physical distance but it can be not living like husband and wife under same roof.
No claim on assets.