Maintenance(Alimony) Queries ! Kindly share your experience
WrdRelative
(Querist) 25 January 2011
This query is : Resolved
Hi
I have few queries related to matrimonial law, esp. concerning maintenance (alimony) in few different situations.
Kindly answer point-wise, if you can
1) Is it correct that Maintenance , if applicable (or legally entitled), is only given to a wife, after a divorce or a wife can get it without divorce too, if living away from husband (if she is legally entitled) ?
2)If it is applicable only after divorce, is husband legally ordered to be necessarily give the maintenance as decided by court or wife always has to file a case to get the same ?
3) Is the husband supposed to pay anything as maintenance, in case a wife is a govt employee and earning herself?
4) In respect to query (3) above, is a adhoc(contractual) job will be considered equal to permanent job, as far as maintenance criteria is concerned, given that she is earning >15k/month?
5) Is the maintenance (if legally valid) is different for wife and child? and what if there is no child?
6) Is Proof of job of the wife (private or govt job) is the only proof required by husband to prevent himself from giving any kind of maintenance? If no, what other proofs can be valid? and how many are required?
7)Kindly provide some info on how much earning by wife is considered enough for she to be declared "self -dependent" and with no need to alimony?
8)MOST Important !
What effect property (special reference to land) in the name of husband has on maintenance, if wife is legally entitled to receive maintenance? Movable and immovable both?
9) If query (10) has some effect on maintenance, Can the husband transfer the same property to other family member (before any legal case has been filed or before divorce case been filed) ?
Kindly share your experience.
I hope this thread will be very helpful to many question asker's around for a long time. Thanks
WrdRelative
(Querist) 25 January 2011
EDIT...........................
Arvind Singh Chauhan
(Expert) 25 January 2011
1. wife is entitled to maintenance even without divorce if, if she is living apart from husband with any reasonable ground.
2. court may allow while deciding divorce petition or wife has to file application under 125 after divorce.
3.Wife is entitled only if she is unable to maintain her self. But In some cases court had allowed maintenance keeping in mind the living status of both husband and wife.
4. adhoc(contractual) job can not be considered equal to permanent job.
5. Maintenance may be allowed for wife and child separately.
6. Other proof may be refusal of maintenance as adultery,wife has left home on her own will without any valid reason etc.
7. Depends upon the status of parties and consideration of court.
8. After the order if maintenance is not paid husband's property may be attached and auctioned.
9. yes unless there is any injunction he may transfer.
WrdRelative
(Querist) 25 January 2011
Thanks for reply Arvind! That helps!
1. Can you explain some situations, which can form the basis of reasonable ground?
Living with her relatives/parents is equivalent to living apart?
3. Wife will in most instances say that she can't maintain herself. What remedy or answer does husband have for that? only proofs (job proof and as in point 6) ?
4.Yea i understand that. Actually what what i wanted to ask was, does type of job (govt/private and adhoc/permanent ) has effect on whether maintenance has to be given to wife and/or 'the amount of maintenance'?
5. So you mean to say, even if a relationship is childless, wife's is entitled to receive alimony? (if she is legally correct)
6."wife has left home on her own will without any valid reason"
What proof husband can show to prove it?
Any other similar proof/situation?
Does bank account and other financial statements of wife, can be substantial and solitary proof to prove that she need not to be "maintained"?
7. When you say "status", you mean financial status only? right? Kindly explain a bit.
8.Actually i meant, does the amount of property of husband (esp. land) in some way affects the amount of maintenance to be given to wife (if legally entitled)?
If so, does the wife need to submit proof of the property, etc to prove her point (in maintenance related case)?
9. As i mentioned, there is no legal case as such and thus there is no order. In case of maintenance case later on, can moving the property now (i.e not a long back, if case is filed in future soon) be taken with doubt and understood as having 'Known' motive to affect the amount of maintenance to be given (if wife is entitled and if property size affects it, as asked in point 8) ?
10. Is maintenance always in the form of money and life long till either wife dies or higher court rules in favor of husband? If not, what other things are involved?
11. What does the husband has to do to get back the maintenance already paid, if he wins the case in higher court?
12.can matrimonial cases are entitled to be even moved to supreme court? or there any guidelines and only special cases are allowed there?
Thanks once again :)
WrdRelative
(Querist) 26 January 2011
Bump................!
Atuliya
(Expert) 27 January 2011
This post does not give a good feeling. It smells of devious scheming.
A job is a job, you have got the job because you have the requisite qualification and experience / skill to do it. A contract job is also paying you and you cannot take a futuristic plea that the contract would end and you'll have no job. In such a situation it is best to seek maintenance when you do not have a job. But a job or no job the court would also take into consideration your living standard [in the matrimonial home] to decide the amount if at all it chooses to give you maintenance.
But what is it that you are seeking???? Divorce from a tyrant husband or simply his money and property??
Probably this is a genuine issue... if so my apologies.
WrdRelative
(Querist) 27 January 2011
Thanks for reply Atuliya
(but your concerns are not directed in right direction)
Surely its related to a genuine issue and i am asking this being associated with a husband. Since my case/situation may worsen in future, i am asking these queries to have all the situations in mind and have more info about maintenance (contested or mutual) case, if filed (and allowed) to wife.
Why i asked for difference between contractual and permanent job viz-a-viz amount/degree of maintenance to be given to wife (if of course she is eligible).
I have read a lot here that maintenance is not possible if wife has a job. So kind of "Job" is my issue here.
Thanks again for reply. Let me know if you need more related info
Looking forward.
Atuliya
(Expert) 27 January 2011
I am sorry but it is sad that instead of correcting the situation you are only preparing for it to get worse.
Honestly I'd suggest that both of you go to a counselor. Even the family court at first instance would send both of you for mediation to explore the possibility of getting together.
It was not my intention to hurt your sentiments in any manner whatsoever. It is just that I have become a bit cynical seeing how families are collapsing for frivolous reasons.
Probably lawyers are as much responsible for the situation who are ready to print and file a petition for all and sundry.
WrdRelative
(Querist) 27 January 2011
I am trying my best to not move to court (when its a fact that our judicial system takes ages to deliver justice, if innocent people at last get that, after getting juiced from table to table)
Can you share your experience on
" Why i asked for difference between contractual and permanent job viz-a-viz amount/degree of maintenance to be given to wife (if of course she is eligible).
I have read a lot here that maintenance is not possible if wife has a job. So kind of "Job" is my issue here"
manoj joshi
(Expert) 27 January 2011
your ans is u/s 126 cr.p.c feel free to contact....
WrdRelative
(Querist) 11 March 2011
Kindly explain this
"your ans is u/s 126 cr.p.c"
Can someone also reply to specific queries asked above?
