Divorce, alimony, share of property and maintenance
raj
(Querist) 18 September 2024
This query is : Resolved
A (male) married B (female) under special marriage act only because of one qualification i.e. B's obedient and sober nature.
The marriage did not work as per the original plan.
The original plan was that A would financially take care of family and B would remain a housewife. However after the birth of their child, B took up full-time job in a private company breaching the trust of A.
A has a government job and has 50 percent salary more than B.
A and B are not in talking terms.
B threatens to file for divorce from time to time because B expects A to completely financially suppport the house and A is only partially doing the same. A currently has no plan for divorce.
B threatens to A and reminds him that he is a government servant and he can be easily controlled by various means. (Through police and court)
A is currently partially supporting the house and has told B to also partially support financially because B is now a working woman.
B is reluctant to spend for house stating that B is working for own self.
What finally A wants is that B should leave job and be a housewife and at the most if at all B wants to work for self then try to look for opportunities from home (i.e. part time work from home) so that B's full-time presence at home will help in smooth functioning of home.
B demands 50 percent of A's salary to sit at home.
B comes from a financially not well to do background and A comes from middle class background.
A also suspects B supporting her maternal home financially (even when B has two brothers and 1 unmarried sister there). A does not agree to this.
In case of any uncertain event of divorce , how can A safeguard against B and save himself from paying alimony and division of its property and division of its in laws property to B ?
T. Kalaiselvan, Advocate
(Expert) 18 September 2024
If B is also employed and drawing a handsome salary to sustain her expenses then A need not pay her maintenance amount .
However A would be liable to pay maintenance amount to the child.
B cannot claim any share out of A's property as a right.
kavksatyanarayana
(Expert) 18 September 2024
Did she (B) file a divorce petition? How did you guess that B will file for divorce?
Dr. J C Vashista
(Expert) 19 September 2024
Even if B is earning she is entitled for maintenance for herself as well as child, if she has applied for the same.
