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Anonymous   05 December 2023

Husband filed for divorce and not ready for maintenance for kids and compensation for wife

Close to 12 years of wedding with 2 kids (girl 9 years, boy 6 years) separated since close to 4 years due to suspecious nature of husband. Husband has filed divorce petition and during mediation he is not ready to pay any maintenance for kids and wife. Wife did her MTech after delivering 1st kid where her parents gave her money for her education by paying cash to husband. Husband in return took dd and paid to college now claiming that he has paid college fee and that's the lifetime settlement it seems. Wife has no proof of money given to his as it's always the money given through cash by taking chit funds from her parents to husband. From past 4 years kids school, maintenance everything is taken care by wife and her parents and brother. Kids were admitted to Central school by husband, since the school was 20 km away from the place where wife is staying after separation, wife took kids out of the school and joined to a nearby school where the education cost is 1.5Lakh per kid. Both kids have been sent to swimming and football coaching apart from school which again cost 5k each kid every month. Wife is working and earning 80k per month. Husband is giving reasons of his health, his parents health and not ready to look after even kids education claiming he could afford only in central school and not any other schools. Husband is a project manager at one of the Top 10 IT companies in Bangalore. Since wife was made to sit idle for 9.5 years of marriage she has restarted career as fresher. Husband had made wife to run a food truck , conduct tuitions, be a Montessori teacher to support him financially as he was earning less during their term together in marriage. Husband's father gets 35k pension. Husband has one plot in his name with decent savings. Husband's father has 3 properties in litigation with 50  lakhs plus savings. Husband has 3 elder sisters. The reason for separation is husband always suspects wife with every single man around right from his own father to brother, cousins, friends, unknown person on road etc etc. Husband had installed spy software on wife's mobile to check on her. Wife got to know about it and when questioned he immediately formatted the phone. So no proof of software being installed. Husband's mother is mentally sick and she had tried killing wife in the initial days of wedding and that's when husband and wife came out of husband's parents house and stayed together in a separate house. During which first child was born. After first child family got patched up where husband's parents also started living together. After second kid husband and his parents decided to move closer to husband's sister's place assuring wife that his sister will look after kids and wife can restart career who once was an employee at IT firm as software engineer. But no support from anyone so wife was forced to start food truck to support family's finances. Now after 4 years of separation husband has made couple of attempts to join wife only to have the documents and evidence for the case. Now with all the videos and audios he has approached court for divorce by defaming character of wife. Seeking for guidance from this forum on how to get the maintenance for kids at least for their education till they complete degree and also for compensation for wife. 



Learning

 5 Replies

Sanskriti Tiwari   05 December 2023

In India, under Section 125 of the Code of Criminal Procedure (CrPC), a husband is obligated to provide maintenance to his wife and children. Courts consider various factors like the husband's income, the wife's financial position, and the children's needs when determining maintenance.

Your situation involves custody and maintenance issues. Given the circumstances and the husband's financial stability, the court may rule in favor of providing maintenance for the children's education and also for the wife. Documentation, witnesses, and any evidence of financial contributions made by the wife or her family can strengthen her case.

In the case of "Sunita Kachwaha vs. Anil Kachwaha," the Supreme Court ruled that the wife's capability to earn doesn't absolve the husband from his duty to pay maintenance.

Seek legal counsel immediately. Collect any evidence supporting your claims, including financial records, witnesses, and communication with the husband regarding expenses. The court may order interim maintenance during the case proceedings based on the circumstances.

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

The wife is employed and earning a handsome salary hence she will not become elgible for mainteance from her husband.

However she can file a maintenance case against her husband seeking maintenance for her children including expenses towards education under section 125 cr.p.c. or under H A M A 

The court may pass an order that both shall bear the expenses of the children equally.

Anonymous   06 December 2023

Is there a way wife gets compensation for those years where she was never allowed to work in those 9-10 years of marriage? 

Is there a way wife can hide her income proof? 

What are the options for husband to get to know wife's earning details?

Dr. J C Vashista (Advocate and Legal Consultant)     06 December 2023

Even if wife is working / capable to earn and not working, she is entitled for maintenance for herself as well as children from her husband.

Real Soul.... (LEGAL)     06 December 2023

Is there a way wife gets compensation for those years where she was never allowed to work in those 9-10 years of marriage? 

No normally you cannot but if you resist divorce you can claim in bargain during divorce proceedings. If you really felt harassment you must file for DV he will be in real pressure and under compulsion you can ask for your expenses.

But you must submit an application for maintenance for yourself and your children ASAP, since the maintenance is granted from the date of application and resist 

 

Is there a way wife can hide her income proof? 

She will be asked to file affidavit;  having income wife may not get increased maintenance but the expenses to maintain the children is duty of husband and you should submit all the expenses being incurred for kids education and sustenance.

What are the options for husband to get to know wife's earning details?

 You must inform Company not to disclose your personal details to anyone. However if court asks them to submit the details only then he can get them.


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