Legal Question in Family Law in India
i live away from my wife since 2 yrs.
my earnings are 1 and half lakh rupees per month but i dont want to pay her anything becos i dont like her.
to save ourselves from legal hassles my father sends 1000 Rs to her each month.he also depends me for monthly maintanence
now some one told us that supreme court ruling some yeras back says inlaws not suposed to maintain daughter inlaw.is this true?will this go against us?becaus i not paying her as per my status.
can they say that the money she got till now was only from my father who not entitled to maintain?so in this case i have never maintened her inlast 2 years because maintenance husband duty?
2 Answers from Attorneys
It is the legal and bounden duty of a husband to maintain his wife. Your refusal to provide maintenance may land you in trouble including imprisonment. It may also amount to emotional and economic cruelty on her and you may be prosecuted under the P.O.W. D.V.A.
The court may direct you to pay upto one third of your income. Therefore, you may better reach an amicable out of court settlement with your wife and immediately start making payment of handsome amount that may be satisfy her.
You are advised to avoid litigation.
even though your father is maintaining her, you may always take the plea that he is maintaining her through you. however, it is advisable to send her some money say. 10 to 20 grands so she is able to live life in a dignified manner. she is still your wife.
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