Indian divorce laws for hindus : alimony?
Querist :
Anonymous
(Querist) 21 January 2011
This query is : Resolved
In case of indian laws for hindus , is alimony based on income of the spouse or can the value of fixed assets held by a spouse be made to be included into while arriving into the amount of alimony. ??
In the present divorce case filed, the wife is earning Rs. 8000/- per month and is presently the sole bread winner of the family as the husband is unemployed (due to medical unfitness) not earning at all. The husband however has only one self acquired house property in his single name presently valued at Rs. 40 lakhs. The couple has 2 sons aged 14 yrs and 17 yrs . The wife is greedy for money and asking for alimony equivalent to half of the share of the husband's property amounting to lumpsum of Rs. 20 lakhs on the grounds that her income is inadequate to support herself and the two sons ( wwhich is more likely to go into her custody), but the husband says that he will not part with his house property as properties cannot be included while deciding alimony and the husband proves that he is terminally ill and has no employment or any source of income since last 5 years. Please decide wether the husband can be forced by the court to dispose off his house property and remit half of the proceeds as alimony to the wife, who is earning and is physically fit in contrast to her husband who is physically suffering from cancer since a long time. Please decide wheter a) if the wife is entiled to alimony in this case? If yes,then how much? b) wether the husband can be forced to sell of his property and give half the amount out of it as alimony? c) what will be the amount of compensation that the husband will have to give for children in case the custody of the minor children goes to the wife. d) can the husband demand alimony from his working wife as the husband is unemployed with no income as he is suffering from cancer.? ( note : the wife is physically fit, earning rs.8000/- per month but out of greed she wants alimony from the husband and is forcing the husband to sell his house property so that she can get half of the share from the sale proceeds of the house) but the husband is reluctant to let his house property being put on sale. Please give a solution in this case. Thanx in advance>>>
adv. rajeev ( rajoo )
(Expert) 21 January 2011
When wife is earning she cannot claim any maintenance, but daughter and son can claim the maintenance from their father. If son is major he cannot claim the maintenance.
Wife cannot force the husband to sell the property.
Property is self acquired property of the husband so no body can claim the share in that property. Husband can dispose off his property to any body.
Querist :
Anonymous
(Querist) 21 January 2011
Thanks adv. rajeev for your valuable guidance But my concern is that if the case is filed under the Domestic voilence act, then can the court order the removal of the respondent husband from his self acquired flat and can the court allow 50% share of the wife in that property under DVAct?
In short, what are the remedies open to the husband if the husband intends to sell off this flat and proposes before the court that he is willing to take a rented house for himself and the wife.
In such a case what will be the courts approach under the DVAct , especially when the wife refuses to co-operate with the husband with respect to sale of flat and what if she says she will not move to any other house with her husband and she will not allow anyone to sell this flat becoz this is her shared household?
The wife says if anybody talks of selling this flat ( which is in husband's name) then she will again file a case under DVAct? I think this is too complex a case> pl. guide
