• Compensation and maintenance out of marriage

My son who we got married through arrange marriage is living separately with another girl as we did not allow him this out of marriage relationship. We are prepared to take care of his wife and daughter of 5 years. My daughter in law wants to give him divorce (without he asking for it) and get one time settlements of say Rs. 10 lac for seven years futile marrage and monthly maintenance for her daughter and herself say Rs. 10000/-. How best can this be taken up and what are the legal provisions. We, the parents of the boy are with our daughter in law and grand daughter.  My son already pays about 8000 per month and also pays school fees of my grand daughter.
Asked 1 year ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
Hi, it is better ask your son to end with the relationship with other girl and ask to live with his wife.

2. It is the duty of the husband to maintain his wife so he has to pay the maintenance to not only to wife but also to daughter.

3. As a parents think your future and go  ahead as you are presently residing with daughter-in-law.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,

1) Your son is guilty on many counts.Firstly he is guilty of adultery if the lady he now is living with is a married one.If she is not married by virtue of his having physical relationship with her your daughter in law can get divorce on that ground.

2) That your son has deserted his wife too is another ground she can demand for divorce.
There is also a clear ground of cruelty.

3) If you are agreeable to her terms and if your son really wants to get through a divorce it is advisable to file for Divorce by mutual consent and draw up consent terms regarding alimony and maintenance. This will help avoid unwanted and prolonged court case and unwanted expenses resulting from it.

4) Please be advised that if your daughter in law approaches an advocate by herself all of you can be in a lot of trouble.Therefore it is advisable to settle the issues amicably through mutual agreement and consent. 
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1) it is best to file for divorce by mutual consent 

2) in the consent terms it should be mentioned that wife will be Pai alimony of  RS 10 lakhs at time of second motion 

3) further sum of RS 10000 would be paid as maintenance for the daughter 

4) mutual consent divorce takes around 6 months to be disposed of 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. Your son has committed bigamy by residing with another woman before getting divorce. So his wife can launch his prosecution for the same.

2. Your daughter-in-law can file for divorce on the basis of cruelty against her husband.

3. She can also seek maintenance for herself and her daughter from him by filing a case to this end in the court. Since your son is paying 8000 per month and also the fees of his daughter the latter may not get further maintenance, but your daughter-in-law may get it.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. Let your daughter in law file a police complaint against your son alleging adultery,

2. This will make him cautious about the law,

3. Apart from paying maintenance he should also be punished for the crime committed by him witout caring about law,

4. After tat let your DIL file a divorce petition on the ground of cruelty caused due to his adulterous relationship wherein you should also give witness in her favour,

5. You can also ask your son to agree for mutual consent divorce at the proposed terms, which will be settled within 3 & 1/2 months.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Yes, let your DIL act as advised in my earlier post being supported by you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
You daughter in law  may file maintenance case against  her husband for herself and for her daughter. 

She can also send legal notice to him seeking divorce from him. If he agrees then they both can go for Mutual Consent Divorce or if he doesn't agree then she may file contested divorce petition in the family court. In the petition she can also ask for alimony. 

Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
1) Rs 10 lakh is alimony paid to wife 

2) Rs 10,000 is maintenance paid for the child not the wife 

3)you are paying your wife alimony in full and final settlement  towards permanent maintenance / compensation after getting divorce   

4) once one time payment is made wife forgoes her right to claim further maintenance as payment of Rs 10 lakhs has been made in full and final settlement of her claims 


5) The spouse has the choice to go for either lumpsum payment or a fixed monthly payment, depending on the requirements.
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. Your Sister in law ask for either permanent alimony or maintenance per month but she can't ask for both.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Yes at the time of divorce she can claim alimony of Rs. 10,00,000 and if the court thinks fit it will direct the husband to pay her that amount. She may also claim equal right on his property.

Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
If your son is agreeing for the mutual consent divorce, the issues contemplated can be reduced to writing in the format of a memorandum of understanding to be submitted to the court along with the divorce application.
the terms in the proposes memorandum of understanding to be signed by both f them jointly should contain apart from other issues like child custody, taking care of her future education and marriage expenses, bequeathing property etc., the lump sum settlement of rs. 10 Lakhs paid/payable (including the mode of such payment) and the monthly maintenance of rs. 10,000/- per month payable every month either before the court or to be credited to her bank account directly etc., are to be properly drafted and to be incorporated without any ambiguity in the words.
The divorce decree drawn by court should carry a mention about the memorandum of understanding or atleast the contents to be referred in it. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. It depends on the net monthly earning of your so and also the order passed by the Court,

2. If your DIL can prove that he earns substantial amount to pay her the claimed amount and also the said amount toeards alimony, then the Court will pass order accordingly in favour of yor DIL,

3. If one time compensation is allowed, no amount will further be paid towards maintenance.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The futility of the relationship does not impair the right of your daughter-in-law to claim maintenance from her husband. 

2. Claiming maintenance does not diminish her right to prosecute her husband for bigamy. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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