Maintenance / Divorce settlement

Firstly it is the duty cast upon the man to maintain his wife else face arrest under maintenance law.  But there are also chances that the court may order otherwise since the man does not have any money to maintain himself first.

Secondly when the man inherits property from his father or forefather, the children also will get right of share.  The children can get their share from the father.  In this circumstance it is deemed that the man possess property and he is liable to pay maintenance to his wife.

Thirdly the wife cannot say that she will give divorce only when she gets some compensation/share/maintenance etc.  The man can get divorce on the basis of merits in his case or on the ground of irretrievable break down of marriage even though seperate proceedings for maintenance is pending.

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Thanks a lot for your reply. Some confusions still remain though.

You wrote:----> Secondly when the man inherits property from his father or forefather, the children also will get right of share.  The children can get their share from the father.  In this circumstance it is deemed that the man possess property and he is liable to pay maintenance to his wife.

My point:----> What if the man says that he received nothing or that he spent/lost everything? Can the man take this stand? How can the wife and children claim their share in this case?

You wrote:----> Thirdly the wife cannot say that she will give divorce only when she gets some compensation/share/maintenance etc.  The man can get divorce on the basis of merits in his case or on the ground of irretrievable break down of marriage even though seperate proceedings for maintenance is pending.

My point:----> Wife is ready to give divorce but wants (legally valid) assurance, before signing the divorce papers, that she will get her share. Once she signs, the man may not give anything to her without wife going to the court. How can she get legally binding assurance from husband that he will give her share? What is wife's (plus children's) share in husbands property? Is it 50% for husband and only 50% for wife+children or equal between different parties/members? As per my understanding, divorce and financial settlements are part of the same case and have to be settled as one divorce case before it is concluded. Compensation is part of divorce settlement. But your reply indicates that divorce and maintenance are dealt with separately.

At the outset the man cannot say that he received nothing or spent everything of ancestral property.  He has the right to spend only the amount which comes under this share.  His childrens share cannot spent by him. The children can rightly question the man for their share.

The husband and wife can enter into a compromise where by the wife can assure that she will give divorce and the husband can assure he will pay some compensation and the same may be recorded in the court.  If any one breaches this compromise the affected party can approach the court for relief.

The family court while passing the decree of divorce in favour of husband usually also orders compensation in the form of permanent alimony to be given to the wife.  This is common nowdays.  You are right in your view that divorce and financial settlements are part of the same case and have to be settled as one divorce case before it is concluded. Compensation is part of divorce settlement.  But what I try to convey you is that when a man files divorce case the wife goes for a seperate proceedings for maintenance.

Thanks again for your informative reply.

Would you be able to give some hint on following which was also there in my last post.

What is wife's (plus children's) share in husbands property? Is it 50% for husband and only 50% for wife+children or equal between different parties/members?

Thanks in advance.

Though I have an idea, I am not sure about it.    Hence I dont want to comment on it.  

But your entire querry (question) was overall very good.