Alimony & child maintenance
Mrunmai Deshpande
(Querist) 27 July 2012
This query is : Resolved
I am a young man of 35 years of age staying with my parents. I am physically disabled and due to this earn irregularly. Because of this, my wife has deserted me and currently staying with her parents who are financially well off. She has taken with her our 2 years old son also. Even after repeated efforts from our side she is not prepared to come back. She is not prepared to give me divorce as well. She, off the record, says that she would come and stay with me after the demise of my parents as by then I will inherit my parents property and meet the family expenses with ease. Before deserting me we were staying with my parents and my parents were and are always supporting our family expenses. I am very much pained and distressed at her stand which is immoral. Please advise me on how to go about and also tell me if I seek divorce, will I get it and if so how can I give her alimony and child maintenance? My wife is physically fit, graduate by qualification and earning a salary of Rs10000/- pm before delivery. I have become physically disabled only after marriage and doing a permanent job before becoming disabled. Please advise.
ajay sethi
(Expert) 27 July 2012
1) first make an application to court for child vistation rights .
2)if you apply for divorce and your wife is not willing it may take ages .
3) make an application for RCR . if inspite of decree she does not come back then you cna sue for divorce.
4) as afr as maintenance is concerned court takes into account income of both parties before passing any order .
