• Maintenance of wife and adult kids by husband

After 20 years of marriage ,my father has been found committing adultery (for the past 2 years)and has confessed himself.For the past 2 years,he has been abusive and violent in the influence of alcohol.My mother is a parkinsons patient and is completely dependent on him.I am a first year undergraduate student in the UK.Since I am an adult (19) ,I fear that he might not pay for my tution fee as promised.Although he did sign it on the stamp paper that he would pay my fee,I doubt he might step back in this situation.Also,my brother(17) is dependent on him for his education as he is applying for studies in the UK as well.

Although by law ,for committing adultery he might be jailed, we are only concerned with the divorce and maintenance.Also we would like to sort this mutually and part ways.Please help in this context .

Thank you
Asked 9 months ago in Family Law from United Kingdom
Religion: Hindu
1. You will not gain any thing by sending him to jail now but he also shall have to be made understood that he will not go scott free,

2. He may refuse to pay your maintenance since you have become an adult,

3. Your mother can file a divorce petition on te ground of cruelty and claim for her and your brother's maintenance,

4. She can also mutually settle for a compensatory amount for giving him divorce informing hgim that if he does not agree to pay the compensation, his adulterous activities will be brought before the Court for which he will go behind the bars.  
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1)since your mother is suffering from Parkinson disease and completely dependent on your father she should not file for divorce against her husband 

2) your father is bound to maintain both his sons and pay for your educational expenses 

3)your mother cannot file any case of adultery against your father . Only if father is in relationship with a married women without her husband consent can that lady husband file case of adultery against your father 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Hi, 
both your parents can file for mutual consent divorce and in the said compromise agreement all alimony and maintenance of kids till completion of their education can be finalised. All three of you can also ask for share in properties held/ inherited by your father either as security for alimony /maintenance or as rightful heirs to the legacy. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
A son who has attained the age of majority cannot claim maintenance from his parents under the Indian law. However, your mother and minor brother can file a case for maintenance in the court. Your mother is free to file for divorce on the ground of adultery if she has the required degree of evidence to prove the allegations. Mutual divorce can be filed only if there is a positive agreement between the spouses to end their marriage subject to conditions which would govern the dissolution of their matrimony. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Taking a decision in your life is much complicated than others . So think properly the decision is fit for your life. We can alter the way and lead to a peaceful life by not peanilising other but convince them to our ways in peaceful and reliable manner. Your mother can file a divorce petition on te ground of cruelty and claim for her and your brother can ask maintenance. Your mother suffering from Parkinson disease and completely dependent on your father and you are in your studies in Uk  then who will help your mother if she file a case against your father. In the case of adultery is not sustainable in the eye of law. if father is in relationship with a married women without her husband then only she can sue him .

If your mother want a divorce then better do in mutual divorce.All other alternatives will take time and spend more money and valuable times.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
If your father is having illicit intimacy or extra marital affairs with some other women, until her husband is not giving a complaint on the grounds of adultery, he cannot b booked for the offences. 
Your mother can file a divorce case on the grounds of adultery by including the adulterer/her as a 2nd respondent.
You have rightly said that the repercussions may harm you and your brother and may not get support financially, so think properly before initiating any action in this regard.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Hi, If your mother wants to divorce then she can file a petition for divorce on the ground of adultery.

2. If your father has any ancestral property then all of you entered into a deed of partition so that all of you can divide the property equally. So that you will be able to maintain yourself.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
committing adultery is an offence and also a ground of divorce. this is offence against the husband and only husband of that lady can file criminal case. Your mother can file divorce petition oh the ground of adultery. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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