Mrs.Padmini (Home maker/housewife.) 08 August 2008

Divorce and maintenance.

When there is no direct income for a Married woman, is she first dependent of her husband or children?

In what way the husband can excuse himself(other than proving that he also doesn't have any direct income) from caring for his wife and children.?

Is not the daughter also dependent of her father till getting married.(Although she is employed)

How can children refuse to take care of their father, who didnot bother himself in bringing them up in their lives?

Y should not a wife who suffered throughout her married life, ask for maintenance from her husband, who only wants to continue the relationship just to harras her legally.

From my experience, the police have only advised me to go somewhere else without leaving any identity of where I am going with my children or just continue and lead the life till the death of either me or him.

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4 Replies

Vikram Chandra (Advocate) 08 August 2008

Dear Padmini,

For all your queries the answers are ;

The woman who is married and is dependant her right for maintainance lies with the husband and next on the child.

The husband cannot excuse himself towarding maintaining the family, he is bound to maintain and it is his responsibility, else law will be set in to moition and he will be directed to maintain the family or will be sent to imprisonment.

Ofcourse, an unmarried daughter is a dependant on the father and if she earns sufficiently for her living otherwise than her father, then there are lesser chances of interference by court.

Law provides that the elderly parents can seek maintainance from the children towards their minimum necessities.

The court doors are always open for the needy people who seek justice. Further, payment of maintainance arises only the wife complains about the attitude of the husband for not maintaining the wife with minimum necessities, as far as the harrassment is concerned the Domestic Violence Act can be invoked.

You can meet a good lawyer in your locality who is practicing in family laws he will advise you on all your problems and you may get reliefs for your tensions.

regards.

Ajay kumar singh (Advocate) 08 August 2008

Pl. refer to sec.125 Cr.P.C. which says that every dependant who is unable to maintain himself/herself has a right to maintenance.The employed daughter, if able to maintain herself,may be denied the maintenance.But the wife and other children are entitled to it.Police has misguided you.

Ambika.S (Advocate) 08 August 2008

Advocates have rightly replied I do confirm the same and convey the same opinion. In addition to it, I would also suggest that a marital relationship can be exisiting though they live separately. It is an alternative for Divorce. It is called Judicial Separation. In your case, if you approach the Hon'ble Court for the said Orders you can challenge the police, who had given the opinion to run away and you can stay where you are and without any interference from your husband.

If a person gets the relief under the act for judicial separation. Then such marriage exists legally but are not bound to perform the obligation of marriage. There can be no interference nor any charge from the assets of the person who has applied for judicial separation.