Simhan (manager) 23 April 2018

Maintenance

Dear experts, My wife applied for child custody and gave an application in domestic violence. the case in domestic violence did not get admitted, I there due to torture applied for divorce. I won the child custody case also. children boy (aged13) and girl (aged 16) are with me. Now wife is denying to give divorce and applying for maintenance. They want to drag on the divorce case, (1) How long can she drag on the divorce case already more adjournment given. secondly, she want to claim huge maintenance, whereas she is capable of earning but sitting in her father's own house in which she is also having a right over the property as a female girl. I am denying giving any money to her on the grounds that my earnings is sufficient to take care of children and my aged parents also onn account of children education, future studies marriages etc., can I tell the court that as she is having right over the property she can ask for her share and live peacefully thereitself instead of asking maintenance from me, and request court to pass orders without maintenance and grant divorce for me. what steps to be taken by me to prove her share in her father's property. (2) what is the law on the above two aspects.??? can you guide.

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9 Replies

Vijay Raj Mahajan (Advocate) 23 April 2018

Maintenance for wife is totally depending on her existing financial condition not what property or estate she will be inheriting in future. The capacity to earn and maintain herself definitely will be taken in consideration by the court. Her income or source of income too will be taken in consideration. Her bank balance and own property will be taken in consideration. Based on these the maintenance application whether interim in nature or permanent is decided by Family Court.

Simhan (manager) 23 April 2018

Thanks for your reply however when the child custody case was going in wife had submitted written statements in the court that she is capable of maintaing herself and children and has sufficient care through parents and brothers when the children turned negative to her now she is submitting maintenance case. Will I be able to defend and avoid maintenance sighting all these statements made by wife in the court previously. Pls clarify regs

Simhan (manager) 23 April 2018

Kumar Doab (FIN) 23 April 2018

Which personal law applies in your case?

Or are you all Hindu including father of your spouse?

The said property is agricultural land, rural, Urban, or it is a building?

Is said property self earned/acquired or ancestral in the hands of your father in law?

Has your father in law signed any valid/registered WILL/gift/settlement deed etc ?

As per your post there are no daughter/married daughters from both the families!

The property is in which state?

Confirm!

Kumar Doab (FIN) 23 April 2018

Generically Speaking:

Sons/daughters have NO forced share in self earned/acquired property of Father.

Sons/daughters can ask for share in ancestral property of Father and father can agree for amicable partition deed and register IT or Sons/daughters can pray for partition by boundaries thru court.

The court by its unparalleled powers may consider your view point or dismiss IT.

You have won a case, already.

Contest other cases on merits….

Object to adjournments…………..that might be aimed to bring you on negotiation table..

If you have attempted to help the spouse to get a job/enterprise place on record..

IT is liability of spouse to attempt and find future endeavors and place IT’s irrefutable evidence on record, if asked.

Kumar Doab (FIN) 23 April 2018

Focus on your income-liabilities-expenses on self and parents and children and arrive at balance in hand….

You are right in the sense that you are liable to maintain minor male child say; until adulthood and minor female child until her marriage…………

If you have decided to save monthly for some long term policy/account for this purpose e.g; LIC etc place on record….

Kumar Doab (FIN) 23 April 2018

I am sending you a few links and you may pick up relevant points..

Simhan (manager) 23 April 2018

Thanks experts,

Which personal law applies in your case? Or are you all Hindu including father of your spouse?

Both under Hindu law

The said property is agricultural land, rural, Urban, or it is a building? Is said property self earned/acquired or ancestral in the hands of your father in law? Has your father in law signed any valid/registered WILL/gift/settlement deed etc ?

It is an independant house where the wife is staying now. It is the self acquired property of fatherin law he has two sons and one daughter. No idea whether any will or deed has been made as on date.

As per your post there are no daughter/married daughters from both the families! The property is in which state? Confirm

Father in law has one daughter (mywife) and two married sons and sons have two/three babies. The property is in one of the metro city.