M having marital issues n thr r regular fights n arguments n cha

588 votes

This is my response to you:
1. You will be eligible for alimony irrespective of you working;
2. No his property will be considered, not his father's;
3. He will have to give some money for kid's expenses;
4. This will also depend on the court's decision to award custody.

Advocate Gowaal Padavi LawRato

683 votes

You can eligible for alimony if compare to your income your husband’s income is more then you can ask for alimony. Husbands property cannot considered his property. You can claim maintenance for children, you can ask in court to produce his income proof, bank statement, I. T returns and other necessary documents to show his income.

Advocate Sarita Shintre LawRato

907 votes

Query one can you see your husband what's app message since last one year?
Ans- Answer would be no being what's is now protected end to end therefore it is impossible to check the records of what's app messages or its deleted messages.
Query 2. Whether you will be eligible for alimony or maintenance despite you are working?
Ans- If you are earning amount which is not sufficient for maintaining yourself and your children for the same lifestyle which you were living with your husband during cordial Marriage relationship, then you can claim maintenance or alimony from your husband and court will fairly grant you the order of maintenance or alimony.
Query 3. Whether the property owned by his father can be considered?
Ans- If the property is self owned by his father then it is difficult to get share from the property, if the property is inherited by his father than you as well as your children has a right on the property.
Query 4. As you mention in your query that your husband has refused to maintain your children and whether you can get the Credit Card Statement of your husband?
Ans- this is the very important ground to get the maintenance order in your favour. We can get the credit card statement by making application in the court to ascertain his income.

Advocate Akshay R Kapadia LawRato

691 votes

Dear Querist, as per your query you are stating that you want to file a case, the question arises here is which case you want to file and on what grounds, etc. If Divorce what will be ground you want to use for the same, or for alimony or DV. please kindly elaborate your issue so that we will be able to guide you properly.

Advocate Dhananjay Ravikant Gangawane LawRato

872 votes

Mam,
Since you mentioned alimony I assume you are planning to file for Divorce. Alimony ,maintenance for children will be decided by keeping various factors in mind ,salary of both parties,lifestyle currently enjoyed, expenses of children ,other liabilities. His father's property will not be considered his unless it is ancestral property .In my opinion it is highly improbable to get orders from court to retrieve deleted messages of one year.You can meet me for a detailed discussion & clarification if required.

Advocate Shalini Devi LawRato

938 votes

Dear Queriest, If you are a working woman and the husband is dependent jobless and not earning and not capable to maintain you and your kid then the chances are less of you getting alimony from him, Yes you can from the Order of the Court can get records his Whatsapp message and also credit card statements.

Advocate Dhananjay Ravikant Gangawane LawRato