When a wife is filing for Divorce & Maintenance what will be her status is the following conditions:-
1. They have been married for past 14 years.
My ans : Very fine.
2. They have two children born out of the wed lock.
My ans : maintenance applicable for both the child.
3. Claimant is an unemployed person.
My ans : source of income is in question. His/her financial position from all sources are in question. It is not in question, whether he/she is empolee or businessman or something else.
4. Husband is not a salaried person.
My ans : - No problem; source of income is in question. His/her financial position from all sources are in question. It is not in question, whether he/she is empolee or businessman or something else.
5. Husband lives on the money given by his Father.
My ans : That means he is part of an Hindu undivided family. Calculation of her income will be based on the income tax return submitted by the family. A matrimonial court can order to submit this income tax return, to the income tax department. If you found that someportion of income hided you may
Complain to both placeses- the court as well as the income tax department.
6. There is no property in the name of the husband.
My ans : HUF is applicable.
7. But he is one among the share holder of the Hindu undivided Joint family property.
My ans : HUF is applicable
8. Again the property is in the name of a Company.
My ans : HUF is applicable
9. Husband’s father in law receives a huge amount as rent on a monthly basis from another undivided property.
My ans : if the said daughter shown as dependent of her father then her income will be calculated as HUF.
But if it is shown that she is not the part of any UHF; then she is dependent of her husband.
10. The house in which claimant presently resides is in the name of the above mentioned company.
In these circumstances, will the wife get a pretty good amount as maintenance?
My ans : you may show that she is staying there on rent, ie she is paying rent. Amount will be decided by the court but you may gused/calculate on this basis of above. for your further information sec 25 of the HMA quoted bellow.
“25. Permanent alimony and maintenance.
(1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the
respondent's own income and
other property, if any,
the income and other property of the applicant,
the conduct of the parties and
other circumstances of the case, it may seem to the court to be just,
and any such payment may be secured,
if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that
there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had s*xual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just. “
