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Author Topic: Can my wife claim alimony or settlement from my parents who support us currently  (Read 855 times)

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  • Newlaw
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Can my wife claim alimony or settlement from my parents who support us currently while I have no money or property of my own?

I am a 43 years old male unemployed suffering from Chronic kidney disease, I have always been unstable at jobs or businesses until my kidneys failed and therefore have no money or property of my own.

My wife works but her income is Rs 50000 annually.

My parents are living abroad, retired and with limited sources of investment income from what they earned all their life and they own the family home we all live in together.

After my medical condition that arose in 2014, I and my wife were not able to support my medical and our living expenses therefore my parents sold our family home in a different city and bought a house in my city 3 years ago so they can support all medical and living expenses of me and my wife both.

My wife also has a daughter from her previous marriage who is over 18, until now my step daughter had never lived with us and was living with her maternal grand parents, however my wife recently left our home and is asking my parents to agree to support her daughter, allow her to stay with us and pay all her study and living expenses otherwise she would not come back (which we may be willing to do as I understand she is worried about her child and I also need her help and support while I struggle with my life threatening disease alone since my parents live abroad)

However I worry more if her thoughts of bringing her child to stay with us for a while may be leading to her filing a divorce a few months or a few years later to claim settlement or alimony for herself and her child from my parents both once her daughter has lived with us for a few months or years to prove on record that she was being supported by my parents too.

Since I don't have any personal income, property or any money, if we agree and let her daughter (my step daughter) live with us be entitled to claim alimony or settlement funds from my parents that currently support us?

Offline advjaibansal

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Dear Sir,

Its up to you, whether you or your parents financially support the daughter or not. But don't worry the daughter from the first husband cannot claim maintenance legally from you. She has the right to claim maintenance only from her natural father.

In case, your wife files for divorce, then she may be entitled for seek maintenance from you if you have income. In case she is earning then she is not entitled to get maintenance from you. Your wife cannot claim maintenance from your parents or your parents are not bound or obligated to pay maintenance to your wife.

jai bansal
Advocate, New Delhi
Supreme Court of India
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