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U32M (assume X) and 26F (assume Y) are married for 2 years now. X has left the house without telling anyone (not even his parents). An FIR has been filled by Y for the missing complaint.
It’s been nearly 3 months but he has not been found. Reason being he is not turning on his phone all the time and he’s not staying in one place. He’s been traveling all around India visiting temples. His mind is upset with something and he’s looking become a monk or something (for context).
Now both families are not in good terms. While X’s family complains that it happened because of Y and her family for pressurizing him for various reasons (there were fights before). X has never laid hand on Y or even raised his voice. He didn’t have any habits or anything. Y is not bad either and just upset that her husband took such a harsh decision. His exact reason is still unknown and he has not opened up with anyone.
1. What are the chances for both families? Can Y take divorce even if X is not present?
2. Is Y entitled to get alimony? They don’t have kids. He is currently jobless and roaming around, staying in temples for free food and stay.
3. If X is not back, can Y ask alimony from X’s family?
Please give genuine legal advice only, and no personal opinions.
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SAlimony is not given on the basis of gender. If the wife has a job then she may end up giving alimony instead. I don’t think she can claim maintenance either since she doesn’t have a baby and I don’t know how different her living standards might be compared to: after marriage and before marriage. Years of marriage are also a consideration when giving maintenance…
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UBoth of them had jobs which used to pay around 50k for the husband and 20k for the wife. Now both of them are jobless (he is missing, she moved back to her parents’ for the time being). They were married for 2 years.
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STwo years are not enough to claim maintenance especially when the husband is financially unstable himself. She should consider getting a job
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UCan she claim his ancestral properties or his car (which is on loan)?
If he is not back, can his family continue paying the EMI and keep the car or can the wife take it?
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SWife is not entitled to ancestral property. Only children are.
Car might be considered as an asset but if it is registered in the name of her husband then she is less likely to get it
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UYes car is registered to husband’s name.
Is it advisable for his family (like his brother) to continue paying EMI for the loan and keep the car for now (it is currently with his family) or will it be an issue? Both in terms of if he will come back sooner or not at all.-
SI don’t think that the car loan would be an issue for the wife. His family can continue paying EMI and can keep the car
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UHow can wife proceed now if she wants to get divorce and how can it affect the husband’s family legally? Will the court order the police to find him and what happens if he is not found sooner.
I’m sorry for too many questions. Take your time to answer 🙂
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U1. You can take divorce on basis of abandonment. But it has to be 2 years.
2. Alimony is based on differences in earning. Generally speaking, there’s not much difference between the two salaries provided the assets are not on either name.
3. As long as X is alive, X can not ask Y’s parents. She needs to show his death certificate.
4. Wife can not claim his ancestral properties as she has no share in it as long as Y is alive. If Y dies with a will, the will dictates. If Y dies without a will, then she can claim. -
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