Dissolution of marriage
Saira Banu
(Querist) 28 July 2016
This query is : Resolved
I am muslim married for 20 years and living abroad with 2 kids and wife and returned back with family in 2010. Due to misunderstanding she left the kids and went to her parents home and is working since then and not sent a single penny for their welfare. It is six years now since she left. There was no one to look after my kids who were 10 and 12 years old in 2010. In spite of repeated calls by the kids she was not willing to come back and they even told her that I will remarry if she does not return. So had to marry another muslim girls to look after us and life is going on for us. Also I am jobless for the last 5 years and my mother, brother and sister are helping us to pay for our house rent, food and kids education.
Now she has filed for dissolution of marriage citing cruelty and not paying any maintenance. Asking for dissolution on ground of cruelty and desertion and any other order the court may deem fit.
I dont want to pay any maintenance as I am jobless and kids burden but willing to sign the dissolution without any maintenance. If not can i tell the court she must come back to her matrimonial home and take care of kids education even though I have second wife living with me. What will be the courts point of view. Is she liable to pay for the children's education as she is working? she had earlier filed for custody but is still pending as she stopped coming and the kids had clearly said they want to stay with the father.
P. Venu 
(Expert) 28 July 2016
Options are yours. You may not have to pay any maintainance as she is working.
Devajyoti Barman
(Expert) 29 July 2016
Well,employment is no ground to avoid maintenance either for the wife or the children provided she is not working.
If she us working then it is your liability to maintain the children.
Rajendra K Goyal
(Expert) 29 July 2016
Bring all the facts, details of her employment on the case file and let the court decide the maintenance on merits.
Oppose her in the court and try for some amicable settlement.
Kumar Doab
(Expert) 29 July 2016
You can benefit from the advise of experts.
adv.bharat @ PUNE
(Expert) 29 July 2016
Nothing to be added. Agreed with expert opinion.
Saira Banu
(Querist) 03 August 2016
Thanks, I am not willing to dissolve. My argument is she is still bound by her marriage contract and she is responsible for the welfare of the children. While in marriage if she has the right to abandon anytime and go and work and earn all for herself, I also want to do the same. I want to make her responsible to pa 50% of her salary for the children's education fees from the day she joined the school. Maintenance in question comes only after dissolution whether it is for the wife or the kids. As long as in marriage it is the responsibility of both the parents. If i am not able to pay the fees now as I am jobless, I have no option but to discontinue their studies. She claims she is a hypo theroid patient and was taking some enthroxin 125 mg etc etc. but I am not aware until she was living with me. She would have got the certificate from her doctor near her house after she ran away by paying money. How can I defend that as she was not taking any medicine while she was in her matrimonial address. Please advise
