LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anil nautyal (Training & Product Manager)     11 August 2012

Alimony in divorce


My sister is married for 5 years & she has a 3 year old daughter.Her marriage is a troubled one & now after mental torture & harrasement,she has finally decided to call it quits.Her husband who is a well educated & learned has seldom shown signs of making ends meet & has neglected his duties towards his wife & daughter.He is without job for the past 2 years & is hardly making efforts to get one.His wife & kid are in gurgaon whereas he is with his parents in dehradun.he comes from a very well -off family & has been taking legal assistance from his lawyers & deciding the coarse of actions.We are made to believe that to avoid alimony he is declaring himself bankcrupt.he is deliberately avoiding the job opportunities for the same.My sister is taking care of the household & the kids education on her own with help from us.Both of them went to a marriage counselor for counciling but he discontinued whereas my sister completed the sessions.

We demand maximum alimony for my sister & my neice.Kindly give suggestions for the next course of actions.



 13 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 August 2012

A growing number of men are quitting their jobs or being 'disowned' by the family business to avoid paying alimony to their wives. When the honey's gone, it's just about the money, isn't it? Ask couples seeking divorce, and the legal wrangles they end up in while claiming or evading maintenance could put any movie to shame. Now, to avoid their spouse from having any monetary advantage over them, men are even quitting their high paying jobs. Quitting jobs during a divorce plea has become...

1 Like

anil nautyal (Training & Product Manager)     11 August 2012

will the law not take into consideration the past credentials/salary & based on that pass the judgement? What about the lives spoiled?

Adv.R.P.Chugh (Advocate/Legal Consultant (     11 August 2012

Dear Mr.Nautiyal, 



In this regard your brother in law's previous earnings/qualification would be taken into consideration by the court. If he is capable to earn then he is also liable to pay the maintenance of his wife & children. If he has been earning in the past and has left job, and is trying to live the life of a parasite just to negative maintenance - the court would definately see through this facade and order payment of maintenance by presuming him to be earning an X amount of money. His liability to maintain children can never be negatived in any case, even a monk a beggar is expected to maintain his children. 

1 Like

vijay (M)     11 August 2012

Why at all should the brother-in-law try to find a job, just to pay an errant wife?  Mental torture and harrassment are very common and trite statements being made by woman having problems of adjustment with the husband and in-laws.  Other than half baked Indian laws, what is the justification of a woman asking for maintenance. just because the man made a mistake of marrying her?  If the woman cannot maintain the child she has carried away, why does she not give it up to the man who can better take care of it ?  Most advanced societies do not have this BS funda of maintainance for the "abla nari".  Courts and the legal system of India must wake up to this menace of "maintenance for the abla nari"

rajiv_lodha (zz)     11 August 2012

Yes, she can get money via various acts thro' courts. But apart from looking for any ammount from such a hubby, its always nice to stand on one's feet & start earning as per ur circumstances n qualification. It will help the lady in ways more than one.

god bless

Nina Rakheja (unhappily married)     12 August 2012

Vijay, is it necessary to telll these nonsense to everybody?Do you know the facts of the case(i also dnot know)?If not then don't comment like this .How did you know the wife has deserted the hubby?If he can not maintain even if the daughter then he should think before his daugter's birth.Don't you think so?

This is very shameful to this forum people to generalise things and comment.This is not fair.

Your post showed biased nature of yours which is highly condemnable!


vijay (M)     12 August 2012

Nina, It is also not necessary to make these nonsense comments either.  Whoever deserted whom is immaterial.  If they have decided to part ways, fine.  At least after parting they should stop troubling the other person with frivolous cases & maintenance plea's.   It is shameful for people to take a biased one sided stance.   If that guy has been deliberately out of work for so long, can you not imagine how much of mental torture he must have undergone to take such a step ?

anil nautyal (Training & Product Manager)     13 August 2012

hi, Vijay , you are right when you say that women use the so called "Abla Nari" concept. its surprising the way everyone thinks that women are trying this funda just to trouble the man,that in reality those who have suffered doont get heard at all!! 

my sister has done evrything under the sun to keep this marraige working,with just no support from her husband and his family. she let go of her career because they didnt want her to work or continue with her studies. my father would give money to my sister earlier since her dear husband wouldnt give her a penny and the moment my father passed away, his attitude took a 360 degree turn. 

its very convinient to say that it's immaterial whoever deserted whom. i wish the men's family would stop this tactic of getting their son's married for getting their son's a maid and a women who can just give birth to a boy child. and then act they are the one's getting harrased by the abla nari!!!

there family has kept every piece of jewellry that she had and refuse to give. my father had helped him buying there house because they came personally and asked him directlt to give money. my brother in law has never once done anything for his daughter so forget wife,but without a blink in front of 10 people says he cant survive without any of them. and in person with us and his family it's all togethr a different ball game. 

By giving us 15 - 20 days time limit and forcing that the divorce should be filed between that time!!! and since my sister said that if she needs time to 1st get on her feet and manage a lot of things with her child,so he and his family have cut off all kind of communication. 

i want to know if she is asking something for her child what is freaking wrong in that!!! 

Also would appreciate if you could give helpful advise rather than being yourself biased.

anil nautyal (Training & Product Manager)     13 August 2012

Thank you Nina! 

i can now understand how my sister had felt , trying to get somebody to help her save her marriage and later for assistance in getting seperated and all she got in return was that she is either exaggerating and now wanting to get some cheap thrills out.


anil nautyal (Training & Product Manager)     13 August 2012

hello, Bharat

thank you for the information. my sister has told him that he needs to give atleast something as of now atleast for their child, and he has denied giving the childs school fee and anyother basic amenities saying that he has no money.

we have tried speaking to him and his family but they alll keep saying that he is bankrupt and if he dosent want to live with her that why shall he give any money.

also he has very clearly stated that he doesnt want keep the daughter with him eithr. he has never called or tried meeting my niece even for a second. 

would be helpful if you could tell us how to go about things.

vijay (M)     13 August 2012

@ anil...My all sympathies for your sister.  If what you say is true, the man has a moral responsibility towards his child. But more often than not, the legal provisions are more often misused than used.  When people say mental harrassment they only give one side of the picture.  People get mentally harrassed when they see that the other party is not getting harrrassed.  So it is entirely  a personal view point who is harrassing whom.  As for what Adv Chugh says,  it will be interesting to see whether the courts can force a person to work just so that he has to give maintenance.  If the person is bent on avoiding maintenance, there are enough loopholes in the legal framework by which he can get out. 

sahil (Business)     14 August 2012

Vijay I absolutly agree with you;

Madhu ojha (Orthopedic surgeon)     25 August 2012

Your sister and the child can get maintainance under sec 125 of Cr P C So simply file an application Even in HMP she can get it under sec 24 So simply approach courts Now for courts my experience is such that they work so slowly for reasons not known but to prove "Justice delayed is Justice denied" U cant predict the outcome of courts as the law in India is not only half baked but every one can take different views and inferences as they want to. So meanwhile its better that your sister should prepare for her own self sufficiency. I am not a lawyer but there is not much legal technicality in laws pertaining to Husband-wife disputes But any law can be manipulated and Life of an individual can be wasted and ruined. So just suggest ur sister to be on her own and simultaneously file cases for maintainance dr Oza