Reg Divorce
Querist :
Anonymous
(Querist) 24 December 2010
This query is : Resolved
sir, my wife is working and her earnings are good.
I think she is earning more than me. We are unable live together. We have a son or 6 years old . I am planning to apply for a divorce. Do i need to give her maintenance ? On what basis maintenance amount is decided. If i am job less during the divorce proceedings what will be the case?..pleas explain me sir.
Satyendra Kumar Pandey
(Expert) 24 December 2010
If both of you are unable to live together then instead of divorce file petition for judicial separation, and after that decree if both of you think fit then live together as husband and wife, this is an spirituous relation and its my advice that instead of divorce think some other way of compromise.
Maintenance is always the liability of the husband so you can't be escape from it, only one way is available that your wife not call for any maintenance. See Section 125 of Code of Criminal Procedure.
Devajyoti Barman
(Expert) 24 December 2010
I disagree. The section 125 does not make it compulsory to provide maintenance in all the cases. The provision is self explanatory as it prescribeds for maintenance only for those who has no sufficient means to maintenance. If the husband is jobless and the wife earns a handsome regular income then she is not entitled to maintenance at all.
The Judicial separation would not yield desirable result if you have decided not to stay with her anymore. In that case it is better to go for divorce as it would save the time.
Arun Kumar Bhagat
(Expert) 24 December 2010
Your wife may not claim maintenance from you as she is able to maintain herself but you have to pay maintenance for your son even you are unemployed but able bodied man. There are several factors which are considered viz. income of the parties,standard of living, other dependents in the family, physical disability etc.
Adv. Satyendra kumar chauhan
(Expert) 24 December 2010
If she is earning well and able to maintain herself then she cant ask you maintenance in any way. provision of 125 Cr.P.C. is very clear. but you may have to pay maintenance for your son.
Kirti Kar Tripathi
(Expert) 26 December 2010
To maintain your wife and son is your liability, you cannot escape unless you prove with cogent evidence that your wife is capable to maintain herself and is earning sufficiently. However, to maintain your son is your liability, you have pay maintenance to him.
