Maintenance part to divorced woman + kids

SAJJI MATHEW (Querist) 14 May 2009 This query is : Resolved
I would like to know whether any maintenance to be paid to my wife + kids -2, after divorcing her as she is always pressurising me to stay with her parents in their bunglow or near to them which is not acceptable to me.

She has one younger brother studying in 12std and another one working in Gulf.

If she, on her own, plans to stay with her parents, then why should I pay maintenance. It is like, if husband become sick / jobless for few months, she will leave for her paretns place and then demand for maintenance. How it is possible in such situation.

Pls explain to me.

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SAJJI MATHEW (Querist) 14 May 2009
You have replied: The maintenance is decided on the grounds of divorce petition. (e.g., on mutual grounds, wife may declare to forego the maintenance).

But she will demand for maintenance which is not acceptable as she wants to stay with her parents in their house and wants to drag her hus (me) into that.

So in such case what will be the outcome. I do not want to pay as it is not me but she who is running away from the scene.... wants to stay with her parents.

Pls advice clearly.

PALNITKAR V.V. (Expert) 14 May 2009
If the wife succeeds in getting the divorce, the husband has to pay permanent alimony to the wife. Normal rule is that the husband has to pay permanent alimony unless the wife is able to maintain herself.

nitin (Expert) 14 May 2009
dear sajji

one of the drawback of indian law is this only, if we talk about the maintenance criteria then even the divorced wife is entitled for the maintenance from her husband.
section 125 CrPC clearly says that the wife is entitled for the maintenance from her husband

but you can take the ground of her wilful desertion under section 125(4)CrPC.
which says that the wife is not entitled for the maintenance, if she without any reasonable cause has left her materrimonial home. + if she is living in adultry + if she is self sufficient to maintain herself.

but my friend it is also true then alo you have to give maintenance to your Kids

Srinivas.B.S.S.T (Expert) 15 May 2009
And the irony of our legal system is that even though a lumpsum amount is paid towards full and final settlement of alimony claim, later the wife can sue husband for maintenance as payment of lumpsum amount does not waive her right to claim maintenance. Coming to the point of children there no chance of escape for father from paying maintenance, educational expenditure and marriage charges (in case of daughter. Our marital laws are so beautifully drafted that they are causing more harm than good to the institution of marriage.
regards
Srinivas BSST