Alimony & child maintenance

Mrunmai Deshpande (Querist) 13 September 2013 This query is : Resolved
Me and my wife are senior citizens from Punjabi hindu family. We are both retired persons and sustain on our pensions and interest from Bank FDs. We have a son and a daughter, both are married. Within few months after marriage my son started staying separately with his wife. After staying separately, my son suffered from neurological disorder and became physically disabled and in the end lost his job. When it became difficult for them to manage the expenses my son and his wife came back and started staying with us. In last 7 years after marriage he has worked for almost 4 years and for 3 years he did not work because of his disability. Now he has almost come out of disability.
But at the age of 36 he is not finding a suitable job. As a result he has almost lost interest in working and is currently jobless. Because of all this, his wife has deserted him 2 years ago and currently staying with her parents. She must be doing a job there. She has also carried her son with her. My son does not have much money with him as lot of money is still being spent on his medical treatment. Now she wants divorce from my son. How my son can give alimony and child maintenance? Can he demand some financial help from his wife for his medical treatment as she is already working there? Please advise.

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V R SHROFF (Expert) 13 September 2013
YES:
IF WIFE IS WORKING, AND hUSBAND IS UNABLE TO MAINTAIN HIMSELF, DUE TO SUCH INABILITY, wife will be ordered to pay for Husband's mtn & medical treatment .

As soon as she file Divorce Petition, your son can ask for Interim Mtn Pending Litigation. in same petition, in court case u/s 24 of HMA