responcibilities of earning mother in case of divorce
Rajan Shashikant Patel
(Querist) 10 May 2015
This query is : Resolved
Hello sir ...
After caught in adultery. .. my wife has left my home and started living in other city... . . ( with her mother , and get financial support from her boy friend, who is married too ) . As she was working woman earlier and now , what will be her responsibility towards our son who is 16 , and resides with me . And due to all these circumstances, he gets depressed and I want to send him abroad for studies . As decided , my wife and I, going to take MCD .. what will be her responsibilities towards our son ( financial and social ) ... plz. Guide me .
SAINATH DEVALLA
(Expert) 10 May 2015
At this stage MCD is the best option for U.
What is her attitude presently towards her son?Does she keep visiting him?What is UR son's attitude towards his mother? If she is well employed she has to share the responsibilities towards her son.
GO THROUGH THIS BORROWED ARTICLE
Men v. Women: Who Does Better in a Divorce?
While the walk down the aisle ends in marital bliss for many couples, for an equal number the end of the aisle is a place far, far away from happily ever after. People who divorce often do so in eager anticipation of reclaiming their lost independence, forgotten autonomy and an identity lost during the course of the marriage.
Upon divorce, a couple's marital property, property acquired by the two during the course of their marriage, is divided up according to the applicable state law. Parties may divide and settle their property 50/50 or in some other arrangement depending upon the given laws. The hope is that the parties are treated fairly.
But even in a situation where all the assets are divided 50/50, divorced women may find that a seemingly fair settlement is still far from equitable. Women are typically awarded custody of the children. Because our predominant social values suggest that children are best situated with their mothers, women often do the lion's share of child rearing in divorced families, even in shared custody cases.
Any parent who has ever fought a custody battle knows that child care responsibilities are a privilege, not a burden. Unfortunately, most divorce settlements fail to account for the damaged future earning potential of a woman with child care responsibilities. Since mothers usually take some time away from their careers, and since women still earn slightly less than men, it is fair to say that most women, even prior to divorce, have lower earning power than their male spouses.
The problem of lower earning power is exacerbated by child care responsibilities. They reduce a woman's available work hours, thereby making it more difficult for her to increase her income through promotions, client cultivation and so forth. This marked reduced earning capacity is not factored into a divorce, since settlements focus on dividing marital property.
Ultimately, the overall economic quality of a man's life, based on earnings and amount spent on living expenses, increases after his divorce. He continues to earn more but bears fewer family expenses. The overall economic quality of a woman's life, post-divorce, decreases.
Of course, both parents are expected and legally required to contribute to the cost of raising their children, but the law still does not provide a mechanism to compensate a woman for the earning potential she has lost based on her decisions to marry and have children. Women often opt for careers that they feel will be more conducive to motherhood, working lower paying jobs because of the fewer hours they require.
A difficulty in reforming marital property laws to compensate these women lies in the fact that many women, even in today's modern world, make career decisions based almost entirely on their family plans. Thus, a college professor who might have become a successful businesswoman had her family plans been different, has no way to show a court her lost earning potential. Her decision to take a lower paying job cannot be weighed by the court, since there is no real evidence of material economic damage.
The objective of a divorce court is to give each party what he or she fairly deserves based on their earnings during marriage. It is next to impossible to factor the broad social pressures that shape women's career decisions into a given divorce settlement.
Legal scholars must either find a way to assess the lost earning power of the female spouse, or women as a collective must find a way to have their families and make honest career decisions too. The Medieval Period may be long gone from our history, but there are still some remnants of the dark age of divorce law at work in our courts today.
Rajendra K Goyal
(Expert) 10 May 2015
The responsibility of wife would depend on the terms of MCD or directive of court if any claim filed by the son.
malipeddi jaggarao
(Expert) 11 May 2015
I find that the expert Mr.Sainath's article is no relevant to the query of the author. Leave apart the legal rights of the son on the property his mother, you better ignore this point at this stage so that the contacts between the mother and the son would automatically severed because of the mother's attitude. If the son feels that he should stake his claim on his mother's property, he can do so at any time being the biological son.
T. Kalaiselvan, Advocate
(Expert) 11 May 2015
I go by the advise of expert Mr. Malipeddi Jagga Rao. Your son is not a kid anymore. He is 16 years of age, he can very well understand what is what and not. If she is not caring for your son, let she do she will repent for it one day. You can go ahead with the MCD as proposed and keep the child under your custody and take care of him properly.
