Alimony child maintenance
Mrunmai Deshpande
(Querist) 22 October 2013
This query is : Resolved
I am a young married man of 35 years of age with a son of 3 years. After marriage, 6 years ago, I suffered from neurological disorder i.e. paralysis of both the legs and loss of muscle tone for which I am still under treatment. Because of this I had irregular income i.e. when it was possible for me to work I used to work otherwise not. My wife always used to taunt me for this. She always used to talk to me against my parents and used to keep on pestering me. Due to all these problems I went into depression for which I am still under treatment. 2 years ago my wife deserted me and currently staying with her parents with my son. She is working there on a salary of Rs12000/- pm. Now I am totally out of my neurological and psychological disorder though I am still under medication and medical observation for which I am spending Rs1500/- p.m. Currently I am working and earning Rs15000/- p.m. My wife doesn’t want to come back, neither she wants to give me divorce. Considering these circumstances I have following questions
1. Can I get divorce from my wife?
2. As my wife is earning, deserted me, can I get exemption from paying alimony and child maintenance?
3. As I am under medical treatment, spending Rs1500/-pm on treatment and if the abovementioned medical problem recur I may not continue to earn, can I get alimony from my wife?
Please advise !
ajay sethi
(Expert) 22 October 2013
you can file for divorce on grounds of desertion .
you are bound to maintain your child . since both parents are earning both have to share expenses of child maintenance .
the issue of you getting any alimony does not arise as you are earning Rs 15,000 a month .if you are unable to earn you can make a claim on your wife
Rajendra K Goyal
(Expert) 22 October 2013
1. Can I get divorce from my wife?
- You can.
2. As my wife is earning, deserted me, can I get exemption from paying alimony and child maintenance?
- Maintaining your son is your responsibility.
3. As I am under medical treatment, spending Rs1500/-pm on treatment and if the above mentioned medical problem recur I may not continue to earn, can I get alimony from my wife?
- Court may decide on merits.
