Alimony, maintenance
Mrunmai Deshpande
(Querist) 05 March 2012
This query is : Resolved
I am a person of 40 years of age suffering from paralysis of both the legs and currently jobless. I have wife and son. We were staying with my parents in a flat owened by my parents(not inherited). My parents are retired and are sustaining on their pension and interest from Bank FDs.As I am jobless, my wife is not staying with me. She has gone to her parents' home with our son. She doesn't want to come back. If we get divorce, How can I give maintenance and alimony to my wife and son as I am jobless. Do my parents have to give her compensation from their paltry earnings since I am unable to pay? Please advise.
prabhakar singh
(Expert) 05 March 2012
Do my parents have to give her compensation from their paltry earnings since I am unable to pay?
No is the straight answer.
Raj Kumar Makkad
(Expert) 05 March 2012
The amount of maintenance as well alimony shall be decided keeping in view the earning of both the parties and not of your parents though your wife is legally entitled to have maintenance from your parents also if you are unable to earn.
Shonee Kapoor
(Expert) 06 March 2012
I disagree with Ld. Makkad, she is not entitled to any maintenance from your parents in your lifetime.
And maintenance is asked from a man who has the means.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Tajobsindia
(Expert) 06 March 2012
Mr. Makkad’s reply “........though your wife is legally entitled to have maintenance from your parents also if you are unable to earn“
1. This reply of mine raises a very short question of Hindu as well as Mohammadan law (I donot know religion of querriest thus I am including both sets of customary laws) in relation to Mr. Makkad's above bald reply, and the question is whether there is any obligation in law upon a father-in-law and or even mother-in-law to maintain the wife of their son who is unable to earn?
Mr. Makkad informs the querriest on grounds of humanity than on legal principles is my short change remark whether Mr. Makkad likes it or not. But however liberal and humane Mr. Makkad may sound his reply may be inclined to be, he can not step outside the well-established principles of law and Mr. Makkad cannot himself make a new law for the parties is my view.
The Hindu law is well settled in re. Vimlaben Ajitbhai Patel v. Vatsalaben Ashokbhai Patel, (2008) 4 SCC 649 whether a daughter-in-law can claim maintenance from the property of her mother-in-laws when son is alive and unable to earn (remember in this re. I am not even stating that the husband is disabled) – well Apex Court held that mother-in-law is not liable to maintain her daughter-in-law and it was illegal to sell her property without her consent for execution of the maintenance order pending against her son who is alive when the case decision was announced by Apex Court.
2. Also the question before us is not if the father in law is the Karta of the coparconary property and in that capacity if he is under legal obligation to maintain his daughter-in- law or not when his son is alive. The question which needs attention here is if at all the father in law is under any legal obligation to maintain his daughter-in-law particularly when there is a codified law with special reference to Section 18 and 19 of the Hindu Adoption and Maintenance Act.
True the uncodified law fastened the liability of the father-in-law to maintain the daughter in law but now since there is a codified law therefore in view of Section 4 of the Hindu Adoption and Maintenance Act, one just need to determine if uncodified law shall still have recognition when the husband is still alive. Sections 18 and 19 of the Act are so plain, clear and unambiguous that literal meaning as provided in these two provisions are to be given as described plainly in the two provisions. Secondly in view of Section 4 of the Act the old customary law in existence prior to coming into force of this Act cannot be made applicable to the present case it being governed by codified law and therefore question of father in law being Karta or his obligation to perform his duties as Karta do not arise i.e to pay maintenance to daughter in law moreover when husband is alive and unable to earn.
Having said what Law in clear terms says I am open to quoting of case laws as well as codified Laws reference if any that Mr. Makkad may bring to substantiate his above reply if any in a brief (query like this before us) where you are telling a querriest that father in law is liable to pay maintenance when son who is disabled is alive and unable to earn!
