kalyan (engineer) 09 December 2012

No money to wife and child - how to tackle?

Dear experts,

My wife did not return to matrimonial home after she went to her parents home for delivery. I transferred 36000 rupees to her account for last year expenses eventhough she is in her home after delivery. But by the end of last year i received a lawyer notice stating many false allegations. I replied to her notice and she neither come back nor replied. so i was disappointed and stop spending money for her and child. She never asked for money as her father is financially sounds than me. in this august, ie, after 8 months of my notice i applied for divorce and first hearing is in coming january. my questions are:

1) i did not care my wife and child after my wife's notice with false allegations. will it create a problem during my hearing? I heard that law says it is the responsibility of husband to take care of his wife and child. Will it be applicable even for wife who deserts husband wilfully and sending notice with false allegations with 498a threat? Will i be treated as an accused in court for not sending money to my cruel wife?

2) In my wife notice, it is written that i am not allowing to do the duties of hindu wife. Is anything written in our law book about the duties of hindu wife?

3) Is it not the responbility of wife to care her widow mother in law? my in law says that no court can say that giving proper food to in laws is the responsiblity of a wife evenwhile the husband is out of country. is it true?

4) May i do DNA test to my child without my wife concent? All DNA labs are doing parental test for personal use. If i do the same, can my wife file a case against me in court as this a crime? I know court will not give permission to take a legal DNA test unless the dispute is severe.

Reply Follow

4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 09 December 2012

Right now you dont think about anything. Anyhow you are filing a divorce case, if she asked for maintenance then you will have to pay, if she didn't ask for the mainteannce then you don't have to worry.

dowry victim (housewife) 10 December 2012

Kalyan,

Why would you want to do the DNA test. you suspect the baby is not yours? you better be very clear on this. becasue if you do the test and the baby does turn out to be yours, then you have proved that you suspect your wife's character and your suspicion is wrong. This amounts to cruelty by you on your wife and this make you lose all your cases like 498a, DV, divorce/rcr etc. So, please do not do this unless you are very sure.

It is definitely not your responsibility to provide financial support to your wife who left you at her will. she will have to prove cruelty to get maintenance, compensation. However, your child is always your responsibility whether or not the child is in your custody irrespective of whether your wife was wrong or not atleast unitl you prove that the child is not yours. You not sending any money even for your child will count against you unless you can prove that you took care of his expenses in a different way. This will be considered as cruelty and desertion by you against your wife and child.

You wife not taking care of your mother is a completely different thing and it will not help your case in a big way as "ideally" the relationship between your mother and your wife should not effect the relationship between you and her. This cannot be a very strong ground for divorce. Legally, your father-in-law is right. Your wife preventing you from taking care of your parents can be considered as cruelty but she not taking care of your mother cannot.

From what you have stated here, you seem to have a weak case. Please try to think if there are better reasons and better justifications for these to make your case stronger. Else, I suggest you to settle the matter with your wife and go for MCD.

kalyan (engineer) 10 December 2012

@ dowry victim,

I am not refusing my child. Just i am checking the ways of facing their allegations. Morally your point is valid and i am ready to care my child. But why should i send money to my wife who is intentionally keeping my child away from me? Eventhough i send money to her, how could i ensure that she is spending the money to my child? Even she is not allowing me to see my child. My child is 2.5 years old and i have seen my child less than 3 hours that too in the roads. Do you know the pain of a man who was insulted before this society with false 498a and wife deserts for years after the child birth? You are a house wife and you know what this society will think of my child if wife never visited to matrimonial home.

Samuel (CEO) 11 December 2012

@ Kalyan:

> I truly understand your pain, your questions are normal man/husband thinks and put forth when it is inside family boundry. Once the case is passed to court, the angel gets changed we need to handle and spell it correctly according to law.

> Pls stay away from DNA test. Rightly said by Dowry Victim, this will create issues....

> If you have filled for contested Divorce against the ground of dessertion, be stand on it.

> I see you have many points to contest for Divorce, Always say, you love your Wife but not under the influence of false dowry and false allegations!

> You will have very good life ahead!