Compensation to wife and child
My sister who is a divorcee with one son from the previous marriage got married in January 2014 to a man .However after marriage within a month she came to know that her new husband was a cheat and was not working anywhere with absolutely no source of income. He started ill treating me and my son and started demanding dowry and also forcing me to send my son of 7 years back to my mothers house. he even sent off the domestic help telling her that now a full time servant has arrived and no need of a servant. My sister left home with her son and has filed a case for divorce and alimony/compensation within 4 months in 2014and since then the case has being going on in the family court and with the sessions court Khandwa (M.P.). Sir, my sister and son is staying with me at Indore and she has no source of income and is completely dependent on me .Her sons education and other expenses are also very expensive for me as I have a very small job earning around Rs.12000/- with a dependent old mother. now suddenly the person with whom my sister got married is claiming to be blind and therefore, not in a position to pay any alimony /compensation. Therefore, I request your goodself to kindly leave valuable advise as to what should be our course of action in order to get a decent monitory settlement and divorce for my sister .
Asked in Family Law from Indore, Madhya Pradesh
1)even if husband is not working he has to pay maintenance to his wife
2)as far as son from previous marriage is concerned your sister can claim maintenance from the biological father ie first husband for the son .
3) your sister should also file 498A case against her husband . for dowry harassment and acts of cruelty
4) her second husband will settle with his wife ie your sister if he wants your sister to with draw the criminal case filed against him
Your sister can file petition on behalf of the son for maintenance from first husband . Your sister can also claim maintenance from second husband for herself. It is the duty of the husbands to to provide maintenance to wife and child.
First of all your sister cannot file a divorce case within four months from the date of marriage. Also she cannot claim maintenance for her son from her second husband. The minor son can claim maintenance from his biological father alone till he attains age of majority.
If she has filed maintenance case what is the status of the case? If she has filed the case for maintenance within four months, then the case should be hardly one year old hence the trial will go on for more time because she has to begin the prosecution, what is the opinion of the lawyer?
The burden in the family courts is heavy in the present scenario hence the delay is justified. You have to go by the court.
1. If he is claiming to be blind then he has to prove his blindness in the court. People come out with many tricks, such as this, to avoid being held liable for maintenance by the court. Be that as it may, blindness is no ground to escape the liability of maintaining the spouse and children.
2. Your sister should contest the case on merits.
Hi sir/madam, As per Hindu Marriage Act, 1955 is not stand the divorce case because of after completion of one year from the date of marriage, the divorce case will have to be file the case before family court, but your sister can seek maintenance from her husband, in mean while interim maintenance will grant the court your sister and her son. You should his harassment and cruelty on your sister, the divorce will be grant.
1. She should now file a petition for ad-interim maintenance order which will be granted within 2/3 hearings,
2. Once she gets maintenance, you will have respite an she can persue her case fittingly.