• Maintenance to wife

Respected Sir/Madam,

Im a married woman. Got married in 2008. 12 years for now. I'm salaried with 30k. My husband also salaried n lost job on 2015 due to his wrong contacts with females at his office.from 2016, hes getting income around 50 to 70k and sometimes more than that from his father' shops complex.we r living in his father's own separate house.

My concern is he didn't spend for my personal expenses till now except for food but spending outside more to other people and other female's and drinks etc. He's owns a car with loan..Im.cooking for him past 12 years with physical abuse on n off which my 11 year son witnessing...fight happens bcoz he's not only drunkard and womenizer too..comes home at any time mid night ..he spends for his personal things lavishly..he said since u r earning I won't spend for you.

I wanted to safeguard money from him for my kids future..this is my only intention now..they have 2 shopping complex with many shops and lands too.
is this true that it's not necessary for him to take care of my expenses bcoz I'm.earning..

If yes, how much can I claim on monthly basis only for my maintenance in future and can I also claim for past 12 years which he ignored spending for me..

What's needs to be actioned if he won't agree for this settlement.

Also if i decide to get separated, how much can I claim for me n my kid for all the expenses.

Please help.
Asked 4 days ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu

Since there is substantial differences in your incomes you can seek maintenance for yourself and children 

 

2) you cannot claim maintenance for last 12 years 

 

3) considering his income of Rs 70 K you can seek maintenance for children of Rs 20000 per month 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

You can claim for past 12 years two. If you have child you can claim for child also. Generally if wife is employed court is reluctant to give maintenance. But in your case as last 12 years he haven't paid you the maintenance court may grant you. You can try to file maintenance application in family court. You can also file 125 crpc and maintenance under domestic violence Act. 

Prashant Nayak
Advocate, Mumbai
16607 Answers
30 Consultations

4.6 on 5.0

You and your childrens are entitled to maintenance . The court decides based on the status of the parties. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1665 Answers
8 Consultations

4.9 on 5.0

if you want to rejoin matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance, etc
if you do not want to opt the divorce presently, you can ask for judicial separation also,


“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"


No claim for past maintenance

Suneel Moudgil
Advocate, Haryana
1442 Answers
1 Consultation

4.5 on 5.0

You alongwith your child are entitled to maintenance from your husband.

As far as shopping complex, the ownership needs to be looked into.

If you get separated, you can claim maintenance / alimony according to your social status.

 

S Srinivasa Prasad
Advocate, Hyderabad
1024 Answers
6 Consultations

5.0 on 5.0

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

file Domestic Violence case seeking following reliefs:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4558 Answers
22 Consultations

4.8 on 5.0

your mother can be witness in your case . you would be able to prove physical abuse from husband from testimony of witnesses 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

You have less income in comparison to his expenditure. You can claim maintenance for you and child. Not of past but from now. 25% of his net income. Since you are also earning, so 15 to 20%.

You can file police complain of domestic voice and rest reliefs you can obtain from court like protection residence order etc.

FIR you can file anywhere. If next time he physically abused you, call on 100% and get medical done. Good proof. Incident of TV will include in FIR

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

Since you are employed and earning a handsome salary you may not be eligible for maintenance amount from  him, however you can claim maintenance for your child.

He i responsible to maintain the household expenses despite the fact that you are employed and earning an income.

If you want to get separated then you can apply for divorce on mutual consent grounds, if he is not agreeing for divorce then you may file a contested divorce on the grounds of cruelty.

Since he is not earning and the income he is getting is from his father's business or other income, he will simply state that he has no income hence he my not be able to pay any maintenance to the child.

Therefore you can file a suit seeking injunction against his properties, if any , from alienating it or encumbering it in any manner for the purpose of providing security towards the maintenance for your child.

 

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

It may not be necessary to produce documentary evidence to prove his acts of cruelty, you can make the same in the pleadings and can make your mother as a witness and any other person who would be willing to give evidence in your favor in the divorce case.

You can discuss with an advocate in the local and proceed on the advises received.

 

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

you can claim as he is earning far more than you. For that you will have to file petition u/s 124 of crpc for maintenance. A wife has all the rights to live a standard life the way her husband is leading but you cannot claim maintenance for 12 years 

Mohammed Mujeeb
Advocate, Hyderabad
13706 Answers
5 Consultations

4.5 on 5.0

1. Even an earning wife can claim maintenance from her husband if her income is insufficient for her to meet her needs.

2. You can claim anything. It is for the court to award a quantum which is just.

3. Irrespective of the income earned by wife, husband is bound to maintain his child. Maintenance of children is a joint responsibility of both parents.

Ashish Davessar
Advocate, Jaipur
27440 Answers
809 Consultations

5.0 on 5.0

1. No it is not true, he is liable to pay maintenance if he is earning more than you, but court may not grant maintenance to you but your child will definitely get maintenance for him.

2. You should file case for domestic violence against your husband in this suit you will get compensation for physical assault suffered by you and maintenance as well as residential orders along with custody of child. 

3. You should also file maintenance suit on behalf of your son. 

Mohit Kapoor
Advocate, Rohtak
6450 Answers
2 Consultations

5.0 on 5.0

Legal expenses depend on number of proceedings initiated by you. You need to produce all evidence during proceedings to prove your case

Prashant Nayak
Advocate, Mumbai
16607 Answers
30 Consultations

4.6 on 5.0

You have to produce what ever evidence you have at once, should not with hold the same.  The same will play a vital role in taking decision by the court.

As far as witness of your neighbours, if at lease one of them come and give evidence it will certainly have positinig bearing on your case.

 

S Srinivasa Prasad
Advocate, Hyderabad
1024 Answers
6 Consultations

5.0 on 5.0

He is earning so he should spend on you and his son. He cannot deny this. File a maintenance application and the court will grant you some amount in addition to what you are earning.

The court shall grant you alimony and maintenance if you decide to get separated. 

 

Rahul Mishra
Advocate, Lucknow
6094 Answers
14 Consultations

5.0 on 5.0

As his property belongs to his father that can be a problem as he may say taht he doesn't earn anything. Also file a domestic violence case against him based on the evidence you have.

Rahul Mishra
Advocate, Lucknow
6094 Answers
14 Consultations

5.0 on 5.0

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