Alimony & child maintenance
Mrunmai Deshpande
(Querist) 01 April 2012
This query is : Resolved
I am a young person with 40 years of age having wife and son. We are staying with my parents in a flat owned by my parents( not inherited ). After my marriage I suffered from paralysis of both the legs, as a result I have irregular income i.e. if it is difficult for me to travel to the office I have to leave that job and try to find another. As a result I have changed 5-6 jobs so far. Because of the physical disability my earning potential has also come down considerably. When on job I earn a salary of around Rs8000/-.My wife has also similar earning potential, though currently she is not working. We are already a burden to my parents, though my parents never expressed so and always look after us properly. My both the parents are retired and meet the joint family expenses from their pension and interest on Bank FDs. Because of my physical disability and low earning potential my wife has deserted me and currently staying with her parents. She is also in search of a job there. My wife wants divorce from me. Her parents are financially well off. As on many occasions I am jobless and suffering from paralysis and having very limited earning potential, I don’t know how I can be able to give her alimony and child maintenance after divorce. Please advise.
Shonee Kapoor
(Expert) 02 April 2012
If she is unhappy and is asking for divorce, maybe if you sit across, the Mutual consent divorce would come through without you having to pay any alimony and all.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 02 April 2012
As your wife is knowing that you are not able to earn much, it would be foolish on her part to ask for alimony. If she does so,no such order would probably be passed by the court.If you have no problem in giving divorce, then file mutual petition.
919555462995
Adv. Chandrasekhar
(Expert) 02 April 2012
Even in contested divorce case, if she gets divorce, then also, in the given facts she cannot claim maintenance. But some how child maintenance has to be arranged still she gets the job.
