Subhomoy Das (Retail Manager) 13 September 2016

Maintenance

I had a querry.

My friend have filed for a divorce against his wife on ground of cruelty & desertion as his wife left her matrimonial home 5 yrs back. They got one child. My friend is not working presently as he is mentally shattered and down. He is joining in some small orgn but couldnt continue his service due to different reasons... which are his mental agony , leading to his deteorating health conditions, lack of concentration etc. His wife is presently working in a Govt Project school for last 4 yrs. His wife is earning Rs. 18000/- + other benefits p.m. Wife school is a residential school. So wife is staying in the school Hostel where free lodging, fooding, electricity, are provided to the boarders ( students & teachers). So Basically his wife is earning Rs. 18000/- + other allowances + free fooding, lodging, electricity per month. The kid ( son 4 yrs old ) is also staying with his mother ( wife) at the School Hostel. Presently my friend is jobless and is searching for jobs. In private sector.

Now as my friend have filed for divorce case against his wife ( friend tried his level best in convincing his wife to return back to her matrimonial house for last 5 yrs but failed) he is expecting that wife may file Sec 125 Crpc in order to claim maintenance. My firend is ready to pay the maintenance for his son but not for wife. Wife joined school service after marriage at near her parents home. School is a residential school.

My question is under the given situation if Wife files for Alimony / Maintenance for herself then does my friend is liable to pay maintenance to his wife as per law ? My firend is ready to pay maintenance for his son but not for wife.

Please advice.

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4 Replies

Sachin (N.A) 13 September 2016

Your wife can only claim maitenance for his child, she will file sec 24 and 26 of HMA during divorce proceedings for interim maintenance and file DV Act or/and 125crpc for permanent alimony.

Subhomoy Das (Retail Manager) 13 September 2016

@ Ramesh Singh .... Your advice seems to be very confusing.

There were judgements from different Courts where it have been ordered that Working Wife are not entitlement for Maintenance. Even a physically abled and qaulified wife have been denied maintenance as she is very well qualified to get a job. Though the wife was not working she still denied maintenance because being a well qualified lady she didnt bothered to search jobs.

You are posting that Husband have to pay maintenance to wife any least amount jobless is not a ground to object. Here Husband ready to pay maintenance but only for son and not for wife as she is working in a Govt project school and earning Rs. 18000/- + other allowances + free loding + free fooding + free electricity. Here husband is jobless is not the ground for not paying maintenance. Wife is working & staying in a school in is the key factor husband dont want to pay maintenance . Husban nd ready to pay for son even if he is joibless.

Subhomoy Das (Retail Manager) 13 September 2016

@ Martin Sujay. I posted my querry to get a transparent and clear advice as per the law. I didnt post my querry to get any confusing advice from the experts.