So...the man is married to another woman without giving divorce to her first wife! The woman is currently living somewhere else and comes only on court dates... But the man is trying to call her again and again but she does not want to come because she does not want to live with her husband because he physically and emotionally abused her. The man is still trying to call her and wants to keep an eye on her, along with this he refuses to give maintenance/alimony to her and the woman is not financially stable. The man is saying that he will not give the alimony or a penny if she will take their children with her! He is saying that if she will take away her children then she can take her children with her but will not get the money. He is also saying that she wants to divorce me, so I will not give her money, I will give her money when I want to divorce her. And this is the rule in law! So is it valid to do so?
SH Asked by Shobha gupta from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
Regarding maintenance or alimony, under Section 125 of the Code of Criminal Procedure, a wife is entitled to claim maintenance from her husband if he neglects or refuses to maintain her. The fact that the man is not providing maintenance to his wife despite being legally obligated to do so is a violation of this provision.
The man's statements about not providing maintenance or alimony to his wife if she takes their children with her are not legally valid. The right to claim maintenance or alimony is separate from the issue of custody of children. The man cannot deny financial support to his wife by linking it to decisions about child custody.
It is advisable for the woman to seek legal assistance to enforce her rights to maintenance and ensure her and her children's well-being. She can approach the court for maintenance under Section 125 of CrPC and also seek legal aid for protection against domestic violence if she is being abused by her husband.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.