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Srinath (ABC)     09 January 2013

Alimony/maintenance if wife is also working

Dear Sirs,

 
I have been married for 18 months now and my wife is carrying and she is in her 2nd Trimester.We both are working and her salary is slightly above 50% of mine. Ours was an arranged marriage and registered as well with no dowry.Just before marriage, her parents had taken a Personal loan in my wife's name for which the bank was deducting EMI from my wife's account. Before marriage neither myself nor my parents have been informed about this loan. Only after marriage I got to see those EMIs and both our parents sat and took a decision on mutual consent which was like my wife's parents have to pay back the EMI every month.They did that for some 10 months and stopped paying it suddenly. Now they are saying that they cannot afford to do so, as the loan is in my wife's name and we couples are responsible for that.Now my wife has also taken sides. She is supporting her parents' decision.
 
During the engagement, it was agreed by her that she will quit the job once she gets conceived so that she can take care of her health as well as the kid. But now shes reluctant and she wants to continue her job and give her salary proceeds to her parents.
 
At this juncture, I have 2 questions
 
1).  Just in case she files a petition for divorce in the court, can I claim for the baby? what will be the legal implications?
 
2). Just in case she files a petition for divorce in the court, am I entitled to pay any sort of compensation/alimony (if demanded) or can I fight back by not paying such sum?
 
Would be thankful If you could guide me through.
 
 
Thanks,
Srinath Ram


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 9 Replies

kalyan (engineer)     09 January 2013

Custody of minor child till the age 5 will be awarded to mother. After that, till he/she becomes major, custody will be awarded based on merits of child future.

As a working woman, she is not entitled for alimony/compensation. But your child is eligible.

Srinath, from your query, it is understood that money made lot of troubles in your life. Eventhough you are saying that you did not get dowry and care your wife, you are having an eye on your wife's income. While she loses some of her hard earned money for her parents, you are objecting the same. Life is meaningless while you have lot of money and none who loves with you. Please, think once again. 

rajiv_lodha (zz)     09 January 2013

Try to sort out the matter amicably. Its usually ego problem b/w the educated couple. Seek Marriage Councelling, u both. There is no timely legal relief in India for a warring couple.

If all efforts fail, find ways out throu MCD

sri (ceo)     09 January 2013

judicial separation then divorce...

Srinath (ABC)     09 January 2013

@ Kalyan -  I am not behind her money. As you know a married couple will always have some commitments going forward. Even am ready to repay the loan and close it once for all. But I wanted an affidavit from them saying that I have taken up that on their behalf which they are not giving. As it is they are harrassing me, once I pay that loan off from my pocket and if they restart harrassing me for money again, how can I save myself then, inspite of losing my money as well.

I always wanted to live a life with her. Even she has the same thought within. But her parents are misguiding her and she is in a helpless situation as they are her parents. Neither I nor my wife is behind money, but her parents are using her to extract money to live a luxurious life.

Chetan Joshi (Advisory/Advocacy)     09 January 2013

Hey Srinath...

 

 

The custody of the child is highly preferred to be kept with the wife until the child is 5 years old, post which welfare of the child is seen.

 

 

Your wife should not be given maintenance amount as she doesn't need it. However, you child may be entitled to...

 

 

Srinath it's just a 18  month's old  marriage, I would suggest to purify your subconscious and bring in some optimism..

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

K.K.Ganguly (Advocate)     18 January 2013

1. Never bring those facts before the Court viz., it was not told to your parents that she has EMIs to pay for a loan of her parents, both the parents sat and decided that the EMIs will be returned by her parents etc. since it will give totally adverse impression about you,

2. You are probably not understanding that it is her right to earn, pay EMIs for her parents loan etc for which she does not have to take your permission at all,

3. Rather forcing her father to return the EMIs to you by your parents may be considered torture on her by the Court.

Rahul Kapoor (Legal Enthusiast)     19 January 2013

hello,

i think you have taken decison prematurely.

reconsider if you are thinking for divorce.

sri (ceo)     21 January 2013

the money was eyed by her parents and not by this person srinath... if all the money of wife or husband does not belong to each other then who else will loot them... parents of both parties? this is a cheating by her father to get married her off and hence you can use this valid point for divorce... go for cheating case by her and her father...

legally their parents cannot interfere in her daughters marital life after marriage and they are punishable under law...

if your wife is with her parents then why did she marry you in the first place...

all assets before marriage stays with owners, but all accumulations after marriage will be shared by both...

emphasize on their cheating behaviour and they will go to jail...

others... kalyan is ok...

 

ishita (Copywriter)     07 January 2014

If you expect your wife to respect your parents and look after them over and above everything, learn to do the same for her parents as well. The basic flaw in our tradition is that men are always taught that the wife they are going to get would become their personal property and should get her life and family out of the mind the moment she steps into a matrimonial relation. Please try and understand they are her parents and so will always remain a priority for her no matter what. If you love your wife learn to respect her relations too.  The attitude of your parents and my parents is the reason most marriages fall apart. It should always be 'our parents'. You have just 18months of marriage behind you and you are already thinking of legal issues. Your wife is pregnant and this is the time she needs all your love, support and care and not your egoistic attitude! How can you give her so much stress during this time?? She must already be feeling so emotionally, mentally and physically drained because of the pregnancy and to top it all you are harassing her with such things. Grow up man!! If you can't take care of her during such time you should not have thought of marrying in the first place and if thinking of getting rid of her for such stupid reasons do not ever think of getting married again and ruining some other girl's life!

Get over your ego and go bring her back and learn to respect her and love her. She having feelings for her parents is natural and whatever she is doing is part of the duty every child has towards their parents (read not just men!). Letting go of few thousands would not make you a pauper but letting go of a relation over few thousands would surely get you the tag of a loser. Get over it and go bring your wife back!


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