Divorce, alimony, share of property and maintenance

raj (Querist) 18 September 2024 This query is : Resolved
A (male) married B (female) under special marriage act only because of one qualification i.e. B's obedient and sober nature.

The marriage did not work as per the original plan.

The original plan was that A would financially take care of family and B would remain a housewife. However after the birth of their child, B took up full-time job in a private company breaching the trust of A.

A has a government job and has 50 percent salary more than B.
A and B are not in talking terms.

B threatens to file for divorce from time to time because B expects A to completely financially suppport the house and A is only partially doing the same. A currently has no plan for divorce.
B threatens to A and reminds him that he is a government servant and he can be easily controlled by various means. (Through police and court)

A is currently partially supporting the house and has told B to also partially support financially because B is now a working woman.

B is reluctant to spend for house stating that B is working for own self.

What finally A wants is that B should leave job and be a housewife and at the most if at all B wants to work for self then try to look for opportunities from home (i.e. part time work from home) so that B's full-time presence at home will help in smooth functioning of home.
B demands 50 percent of A's salary to sit at home.

B comes from a financially not well to do background and A comes from middle class background.
A also suspects B supporting her maternal home financially (even when B has two brothers and 1 unmarried sister there). A does not agree to this.

In case of any uncertain event of divorce , how can A safeguard against B and save himself from paying alimony and division of its property and division of its in laws property to B ?

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Quick Summary

This discussion explores a complex marital situation involving a disagreement over financial responsibilities and career choices. The husband, a government employee, feels his wife has breached trust by taking a full-time job after agreeing to be a housewife. She now demands significant financial support and threatens divorce. The husband seeks advice on protecting his assets, salary, and property from claims of alimony and division, especially if the wife is earning, while acknowledging his responsibility for child maintenance.

T. Kalaiselvan, Advocate (Expert) 18 September 2024
If B is also employed and drawing a handsome salary to sustain her expenses then A need not pay her maintenance amount .
However A would be liable to pay maintenance amount to the child.
B cannot claim any share out of A's property as a right.

kavksatyanarayana (Expert) 18 September 2024
Did she (B) file a divorce petition? How did you guess that B will file for divorce?

Dr. J C Vashista (Expert) 19 September 2024
Even if B is earning she is entitled for maintenance for herself as well as child, if she has applied for the same.

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