Alimony & child maintenance
Querist :
Anonymous
(Querist) 31 January 2012
This query is : Resolved
I am physically disabled person earning an irregular income of around Rs10000/-pm. My wife is currently staying with her parents with my son of 3 years of age. Financial position of her parents is quite sound. My wife does not want to come back. If I ask for divorce I am not in a position to pay her alimony and child maintenance. What should I do, please advise.
Arvind Singh Chauhan
(Expert) 31 January 2012
This fact can be considered only by court with a lenient view.
Devajyoti Barman
(Expert) 31 January 2012
Whether you ask for divorce or not you are liable for their maintenance.
However keeping your physical challenge in mind the court may not order any excess amount of maintenance.
United family should be the motto while divorce should be the last resort.
Raj Kumar Makkad
(Expert) 31 January 2012
You can file RCR and can persuade your wife and child to reside with you.
V R SHROFF
(Expert) 31 January 2012
I suggest, to keep quite. Let matter proceed, Why You Should Proceed, when u have irregular income.
if u file rcr, she can claim mtn sec 24, so u r on lose.
rcr is otherwise also useless, non executable.
I advise, you should visit your wife and child, and pay something every month, for your w+ kid.
It is your moral & Legal duty.
ajay sethi
(Expert) 31 January 2012
i agree with mr shroff that you should not ask for divorce at this stage . visit them regularly and try for reconcilation .
if your wife does not want a divorce it would be a lengthy court battle
Shonee Kapoor
(Expert) 31 January 2012
RCR is a useless remedy. I believe you have tried to end it amicably.
If the other party is not agreeing the only option is contested divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
