Maintenance to wife if she is living with adult son
4 weeks ago
So, my father(56) is very abusive & violent type of person from since I can remember from my memory with my mother(54). Now, even after so many years, any hope of putting any sense in him is fading and things are getting even worse.
I want to ask, if I take my mother to live with me, can we make my father bound to pay monthly half pension of the pension amount as maintenance to wife.
Is there is law/judgement for like this situation so that we can make him understand that if mother files for divorce formally then also he has to pay monthly to wife.
The thing is, if we can make him agree to this, we can avoid public drama where everyone will come to know and talk about this all divorce scene of two elderly couple.
P.S. I am not a greedy son, I want my mother what is her right and also to remind my father every month that what kind of monster he was when he has to give half pension money.
A.Dear Client,
Based on the query, if your father (56) is retired from his service, it's essential to clarify whether his pension benefits extend to his spouse in the event of his demise. Typically, the spouse of a pension holder is entitled to receive a family pension until she remains alive.
If disputes arise between married couples, they can either resolve them through mutual understanding outside of court or seek court intervention. In cases where the relationship becomes irretrievable, mutual divorce with the court's order may be the best solution. This process can involve the assistance of an ethics counselor or matrimonial expert to facilitate a smoother resolution.
When no other solution is viable, mutual divorce may be pursued. In such cases, the couple must agree on matters such as maintenance or alimony. Courts have held that even after mutual divorce, if the parties continue living separately, it doesn't imply mutual consent to do so. Therefore, if a wife obtains divorce by mutual consent, she may still be entitled to maintenance under section 125 of the Criminal Procedure Code.
Ultimately, in cases of mutual consent divorce, both parties should agree on alimony and maintenance before approaching the court for annulment of the marriage.
Based on the query, if your father (56) is retired from his service, it's essential to clarify whether his pension benefits extend to his spouse in the event of his demise. Typically, the spouse of a pension holder is entitled to receive a family pension until she remains alive.
If disputes arise between married couples, they can either resolve them through mutual understanding outside of court or seek court intervention. In cases where the relationship becomes irretrievable, mutual divorce with the court's order may be the best solution. This process can involve the assistance of an ethics counselor or matrimonial expert to facilitate a smoother resolution.
When no other solution is viable, mutual divorce may be pursued. In such cases, the couple must agree on matters such as maintenance or alimony. Courts have held that even after mutual divorce, if the parties continue living separately, it doesn't imply mutual consent to do so. Therefore, if a wife obtains divorce by mutual consent, she may still be entitled to maintenance under section 125 of the Criminal Procedure Code.
Ultimately, in cases of mutual consent divorce, both parties should agree on alimony and maintenance before approaching the court for annulment of the marriage.
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A.Dear Client,
From the contents of the query, it is not clear whether your father(56) is retired from his service or not. Normally, on the demise of a pension holder, his spouse is entitled to receive a family pension until she remains alive. An employee while in service neither extinguishes a part of his pension until he becomes eligible for a pension nor agrees alike. Any dispute or difference between a married couple either be resolved on mutual understanding out of court or through the intervention of the Court. When the relationship between a married couple becomes toxic and irretrievable, the best way to resolve the crisis is to opt for mutual divorce with mutual understanding to set free each other and that also requires a court order. Sometimes, an ethics counsellor or a matrimonial expert resolves the issues most conveniently and smoothly. You can also take a chance to resolve the crisis. When no other way left to restore the matrimonial relationship or to resolve the dispute between a married couple, either one of them has to opt for mutual divorce and in that case, the couple must decide by the agreement whether maintenance will be paid to or received by any spouse in case of a divorce by mutual consent. In these situations, the husband may give alimony or maintenance to the wife. Many courts have, through their judgments held that if a man and a woman after being mutually divorced are living separately, then it does not mean that they are living separately by mutual consent; thus, a wife who obtains divorce by mutual consent cannot be denied maintenance under section 125 of Cr. PC. So, in case of annulment of marriage through mutual consent, both parties would need to agree on the alimony and maintenance before approaching the court. Reach out to an Advocate for guidance and steps.
From the contents of the query, it is not clear whether your father(56) is retired from his service or not. Normally, on the demise of a pension holder, his spouse is entitled to receive a family pension until she remains alive. An employee while in service neither extinguishes a part of his pension until he becomes eligible for a pension nor agrees alike. Any dispute or difference between a married couple either be resolved on mutual understanding out of court or through the intervention of the Court. When the relationship between a married couple becomes toxic and irretrievable, the best way to resolve the crisis is to opt for mutual divorce with mutual understanding to set free each other and that also requires a court order. Sometimes, an ethics counsellor or a matrimonial expert resolves the issues most conveniently and smoothly. You can also take a chance to resolve the crisis. When no other way left to restore the matrimonial relationship or to resolve the dispute between a married couple, either one of them has to opt for mutual divorce and in that case, the couple must decide by the agreement whether maintenance will be paid to or received by any spouse in case of a divorce by mutual consent. In these situations, the husband may give alimony or maintenance to the wife. Many courts have, through their judgments held that if a man and a woman after being mutually divorced are living separately, then it does not mean that they are living separately by mutual consent; thus, a wife who obtains divorce by mutual consent cannot be denied maintenance under section 125 of Cr. PC. So, in case of annulment of marriage through mutual consent, both parties would need to agree on the alimony and maintenance before approaching the court. Reach out to an Advocate for guidance and steps.
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