Can my wife claim alimony or settlement from my parents who support us currently while I have no money or property of my own?
I am a 43 years old male unemployed suffering from Chronic kidney disease, I have always been unstable at jobs or businesses until my kidneys failed and therefore have no money or property of my own.
My wife works but her income is Rs 50000 annually.
My parents are living abroad, retired and with limited sources of investment income from what they earned all their life and they own the family home we all live in together.
After my medical condition that arose in 2014, I and my wife were not able to support my medical and our living expenses therefore my parents sold our family home in a different city and bought a house in my city 3 years ago so they can support all medical and living expenses of me and my wife both.
My wife also has a daughter from her previous marriage who is over 18, until now my step daughter had never lived with us and was living with her maternal grand parents, however my wife recently left our home and is asking my parents to agree to support her daughter, allow her to stay with us and pay all her study and living expenses otherwise she would not come back (which we may be willing to do as I understand she is worried about her child and I also need her help and support while I struggle with my life threatening disease alone since my parents live abroad)
However I worry more if her thoughts of bringing her child to stay with us for a while may be leading to her filing a divorce a few months or a few years later to claim settlement or alimony for herself and her child from my parents both once her daughter has lived with us for a few months or years to prove on record that she was being supported by my parents too.
Since I don't have any personal income, property or any money, if we agree and let her daughter (my step daughter) live with us be entitled to claim alimony or settlement funds from my parents that currently support us?
Asked 2 years ago in Family Law from Canada
It is the responsibility of biological father to maintain the child . You or your parents should not take the responsibility of step daughter
2) don't bow down to blackmail tactics
3) let her continue to stay with her parents
4) your patents are old and need the money for their old age . As it is they are bearing your expenses . It would be unfair to place additional responsibilities on their shoulders
1. Your wife can not claim any maintenance from your parents even if it can be proved that they had supported her once. Their supporting your wife is optional and not mandatory as per law,
2. On the above ground, your wife can not claim maintenance for herself or your step daughter even if both are maintained by your parents now,
3. However, it will be difficult to evict your wife and your step daughter once they start living with your parents with out due process of law since your wife will claim that the said house is her matrimonial house where her husband lives or lived,
4. As per Indian Law, wife has the right to stay at the place where her husband stays,
5. You should also note that as per the direction of the Apex Court, husband shall have to maintain his family by begging or borrowing.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.Maintenance is not merely a legal right. It is part and parcel of basic human right. For weaker sections, it is a problem in the sense that their very survival rest on the maintenance. The object behind the provision is two-fold: firstly, to prevent vagrancy resulting from stained relation between the husband and wife, and secondly, to ensure that the indigent litigating spouse is not handicapped in defending or prosecuting the case due to want of money.
The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
Your wife could not claim alimony or settlement amount from your parents. You have no responsibility to provide maintenance to your step daughter .
1. Maintenance can be claimed only from husband not in-laws. If and when she applies for maintenance against you then you can contest the case on merits. The court has to take your income and liabilities into account before fixing the quantum of maintenance.
2. Even if you allow your step-daughter to reside with you it will not confer any right on your wife to claim maintenance from her in-laws.
Alimony and maintainace laws has been favourable to wife form many years. But there is recent developments in law which has mark the wider definition of these terms. It directly states if a wife is earning she shall not be liable for maintainance but has to get alimony.
U will be astonished the law has modified himself now the husband who are incapable of earning can demand maintainance from wife.
You have to prove beyond doubt that u r not capable of earning anything and can walk out freely without paying single penny.