quantum of maintanence or what will be the status of wife?
Jyothi Anup
(Querist) 08 January 2010
This query is : Resolved
When a wife is filing for Divorce & Maintenance what will be her status is the following conditions:- 1. They have been married for past 14 years. 2. They have two children born out of the wed lock. 3. Claimant is an unemployed person. 4. Husband is not a salaried person. 5. Husband lives on the money given by his Father. 6. There is no property in the name of the husband. 7. But he is one among the share holder of the Hindu undivided Joint family property. 8. Again the property is in the name of a Company. 9. Husband’s father in law receives a huge amount as rent on a monthly basis from another undivided property. 10. The house in which claimant presently resides is in the name of the above mentioned company. In these circumstances, will the wife get a pretty good amount as maintenance? The husband belongs to a affluent family. He is adrunkard and he pays through his credit card which inturn is paid by his father. The wife is suffering from all kinds of cruelty. Physical & mental. Husband even goes upto the extent of character assasination of the wife. Can she get a permennet injuction to stay in the same house which right now she is residing and from not allowing her husband or inlwas visiting her? What will be quatum of amount which she can ask for maintenance? She was given 300 sovereigns of gold and 10 lakh wrth silver items at the time of her marriage. She has been harrssed for more dowry from time to time and the same was aslo given. Will she be able get back only the things which amounted to dowry? Or can she claim for maintenance in the above entioned conditions
Arvind Singh Chauhan
(Expert) 08 January 2010
Of course She can claim. It is held by apex court that even husband is a begger and having sound health he is liable to maintain.
niranjan
(Expert) 11 January 2010
Wife has so many options.She can file petition for maintenance for herself and two children and she can ask the amount as are really needed for maintenance and education etc.She can file the suit for permanent injunction that she may not be driven away from her inlaw house.If she can prove that so much of jewellery was given,she can file application to get that streedhan back in the court.
