Go strategically to handle the situation and take few precautionary steps. You are under no obligation to pay any maintenance or alimony. Now after 12 years I.e. 2014 the threat of brother wife has no value being an after thought. But you have to ensure safety of your own family and mother before brother wife takes any action.
Husband wife alimony dispute
My brother got married on 2014 and has one child age 3. He is diagnosed with bipolar 2. Everything was going fine until covid arrived. My father passed away and brother had to shut his shop due to covid lockdown. Both of them sold Jewellery for investment was also lost. This had very bad effect on his health. His wife left him with the child . With the help of medication he is normal now but she refused to come. Now she is asking for divorce and big alimony. My brother don't have any income. I'm the only earning member taking care my mother and brother expenses. His wife is threatening me with police complaint that my parent didn't inform about his condition. I can't cope up the pressure. My wife is angry with me why I'm getting involved as this is not my mistake. I can't leave my mother and brother alone. My mother is 69 years old. Please suggest what should i do.
Asked 2 years ago in Family Law
Religion: Muslim
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11 Answers
It is better that your brother take care of the matrimonial disputes between him and his wife.
You don't unnecessarily get involved in their quarrels.
If any monetary assistance is required to be done, you may do it and remain away from getting involved in his fights with his wife.
if she has filed the divorce case let him challenge the same as per law.
It is advised that you look after your safety and your family members because she may lodge false complaint against you and yor wife too for taking revenge on all of you.
Your brother should send wife arbitration/ reconcilation notice fixing date and time for meeting
2) then divorce wife as per Muslim personal law
3) issue wife 3 monthly consecutive divorce notices
4) pay her maintenance during iddat period
5) return her Meher amount
6) no need to bow down to pressure tactics
Dear Client,
It is preferable for your brother to handle the matrimonial disputes with his wife on his own. It's best for you not to unnecessarily involve yourself in their quarrels. However, if there is a need for financial assistance, you can provide it without getting directly involved in their conflicts.
If his wife has filed for divorce, it is advisable for him to challenge the case through legal means. Meanwhile, it's important for you to prioritize the safety of yourself and your family members. Be cautious, as there is a possibility that she may retaliate by lodging false complaints against you and your wife.
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As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Hence , she cannot deny to live with your brother due to his sickness and for the loss of income
- Your brother can file a suit for conjugal right before the court to direct her to joint the matrimonial life , and if she refuse then she cannot claim any maintenance /alimony from her husband.
- Further, she cannot claim maintenance or alimony from you , except her husband , and also not liable to get any share in the property.
- Further , if your brother is not interested to live with her , then adopt the way of Talaq e Ahsan or let him approach the Qazi for getting divorce , and the said Talqname by Qazi is valid in India.
She can’t do anything and can’t demand money from you. You don’t worry if she files Abu false case you contest it
In my previous query, I mentioned that my brother's wife is seeking khula, and the matter has reached the Jammat for an alimony dispute. The reason she mentioned is that my brother is not working, and he is under medication. After a lengthy hearing, my brother was asked to pay for the jewelry he sold, which I agreed to cover from my own pocket as my brother has no savings. However, she now demands a portion of the property belonging to my mother for my brother's daughter. We disagree as the property is in my mother's name. She refuses to negotiate and now threatens to go to family court as the Jaamat didn’t force us for us on her new demand. This is her new demand; I had recorded her previous demand, which was more or less the same as what the Jammat asked to pay. I have few questions, 1. As per the law can she demand my mother's property for her daughter? 2. My brother has opened a stationary shop. Will the court decide alimony based on his income, which is very low as he just started, or will it also look into other siblings' income or my mother's savings? 3. On average, how many court visits are required, and how long does the process take? 4. On YouTube and online, most videos suggest that the laws are not favorable to husbands, and it is best to avoid court proceedings to avoid the hassle. How true is that? Should men just give up. Thanks
Asked 2 years ago
she cannot demand mother property for her daughter
2) court only considers husband income and not income of siblings or mother
3) local lawyer can guide you as to time taken for disposal of case
4) contest the case on merits
1. No, neither she nor her daughter has any rights over your mother's property, which includes her husband too,
2. The maintenance amount will be decided on the proven income pertaining to him alone.
3. It cannot be ascertained, however it may run for at least two years.
4. Don't believe the you tube or any other social media channels which forecast the husbands in bad light.
1. No , she cannot claim any right over her in-laws property , and she can claim residential right from her husband only.
2. Alimony/maintenance will be decided upon the income & property of husband only , and not others income
3. It depend upon the burden of the court.
4. It is wrong
She can’t demand your mother’s property
she can only ask amount from your income
yes it’s more favourable to women but if you have good case you can argue on merits
Dear client,
1. Demand for Mother's Property: Under Indian law, generally, property owned by a mother or any individual cannot be claimed in divorce proceedings unless it was acquired jointly during the marriage. If the property is solely in your mother's name and was acquired before or independently of the marriage, it usually wouldn't be subject to division in divorce proceedings.
2. Alimony and Brother's Income: In determining alimony, the court considers various factors, including the earning capacity of both spouses, assets, liabilities, financial needs, and standard of living. If your brother's income from the stationary shop is low due to it being a new venture, the court might take this into account. They may also consider family support or other available resources, including the mother's savings or siblings' contributions, while determining alimony.
3. Court Proceedings Duration: The duration of court proceedings can vary significantly. Divorce cases in India can take several months to years to reach a conclusion. Factors such as the complexity of the case, backlog in the court, and willingness of both parties to negotiate can affect the duration.
4. Favorability of Laws: The perception that laws are not favorable to husbands in divorce cases in India is common. However, the laws are meant to ensure fair treatment for both parties based on the specific circumstances of the case. It's not advisable for anyone to give up without seeking legal advice and exploring available options. Sometimes, out-of-court settlements through mediation or negotiation might be more beneficial for both parties.
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