Legal Question in Family Law in India

My friend's wife is living separately since 8 years. Her demand is the house which was owned by my friend. He has sold the house 3 years back and he has settled his dues. Now he does not have cash. He owns a studio which is difficult make both ends meet. While she was with him she was doing studio work. There was a good income at the time. Now he cannot afford to pay to workers. His age is 54 her age is 42 years .They got 2 sons and l daughter. Elder is appointed in a Bank and she is with him (He is unmarried) The second son is doing B,E 2nd Year (Financed by my friend + Bank Loan) Daughter (22 Years) is living with her grand mother. The elder son is not helping to my friend who is in bad days. The question here is "Is it possible to get any finance legally from the elder Son" and " If my friend files a divorce, any legal help to avoid giving any amount to her ? ( as she was not living with him since 8 years)


Asked on 2/19/15, 7:43 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. Since your friend is running his own studio and is not a "destitute" or 'dependent' or even 'old', he is not entitled to claim any maintenance from his elder son.

2. If a divorce is filed, the court is likely to burden him with (a) litigation expenses to be provided to wife; (b) interim maintenance; and finally (c) permanent alimony.

Since all their children are adults and grown up, a better solution could be to work out a compromise and go for 'mutual consent' divorce with clear terms as to maintenance etc.

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Answered on 2/19/15, 5:19 pm


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