Query regarding finance liability in divorce in case of unemployment
2 years ago
I am married for the last 11 years but living a life of hell. Problem starting from the very next day of my marriage when I saw my wife in depression. After marriage, she is on treatment for 2 years during that period there are constant fights between my parents and her relatives because they hide the truth about the mental problems. I have tried everything in the beginning to divorce her. But her parents threatened me to file a divorce case against my family. Now after treatment, she is OK for the last 9 years but her mood swings very fast. Because of this, there is a constant fight between her and me, my parents. To, prevent the constant fight my parents given here separate accommodation on the ground floor of our home sacrificing the only rental income which they have. For the last 4 years, we both are living and managing our expenses separately. She is living on the ground floor with our son age 9 years and I am living on the first floor with my aged parents.
At present, I am unemployed for the last 18 months and my last salary was Rs. 29000/-. My wife sees is a teacher in a private school and earns Rs. 38000/- per month. After my unemployment, she is paying my child fee which is around Rs. 3600/- per month. Other expenses like house tax, electricity bill, Internet bill I am paying from my pocket.
Now, even after living separately, we are having constant fights as she is blaming me that I am not looking for a job seriously and not paying child fees intensionally.
Because of the present covid crisis, my professional career is in mess. And I don't know how long I have to sit unemployed.
Please let me know considering the above facts if I go for divorce in present circumstances. What is the financial liability I have to ready to bear as per law?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Now you have to pay maintenance to child.
No maintenance to her as she is earning good enough.
As per Hindu marriage act woman can claim maintainence from her husband or his family in form alimony. In case you divorce your wife mutually even if you are unemployed but your family has money then she claim maintenance for herself and your kid.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
As per Hindu Maintenance act in divorce wife can ask for maintenance from husband or his family. It could be periodically divided or lump sum. In your case as your unemployed then your monthly amount would be less but you still have to pay maintenance for your kid and wife.
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Advocate Ashok Gupta
Responded 2 years ago
VENKAT RAGHU RAMULU
Responded 2 years ago
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
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