Alimony
Querist :
Anonymous
(Querist) 28 January 2012
This query is : Resolved
I am a young man of 35 years of age staying in my parents’ flat with my parents, wife and son of 2 years of age. I earn irregular income of around Rs10000/- pm (ie some months I work and some months I can’t) as I am physically disabled. My wife has postgraduate qualifications and has better earning potential than me. Currently, she has gone to her parents' place and has no intension to come back. She is trying for a job, there. Can I get divorce from her as she is not interested in coming back and as I have meager irregular income which is insufficient for even me,without giving her alimony? As her earning potential is better than me and she is likely to get a good job there, is it possible for me to get alimony from her as my income is irregular? Please advise.
V R SHROFF
(Expert) 28 January 2012
As her earning potential is better than me and she is likely to get a good job there, is it possible for me to get alimony from her as my income is irregular?
Ans: NO. CAPACITY DO NOT PAY. IT SHOULD BE ACTUAL INCOME.If she don't have income in hand, how court will order her to pay you??You will be ordered to pay her.
And your ground for divorce is valid. you can get divorce for desertion & cruelty.
You never mention what went wrong??
Nadeem Qureshi
(Expert) 28 January 2012
Dear Querist
as per your query in which you mentioned that she is likely to search a job, currently she is not working, in this situation you are responsible to maintain her.
yes you can file a divorce petition before the court if she refused to come back and live with you.
Raj Kumar Makkad
(Expert) 28 January 2012
I have nothing to add in the already provided advice.
Shonee Kapoor
(Expert) 29 January 2012
Nothing left to add.
However in HMA 24, many courts have considered the potential to earn as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
