I was in a live-in relationship with my boyfriend. We had a baby four months ago. Pregnancy was undetected because I stopped getting my periods due to the medicines I was taking at the time. Now my parents and my boyfriend’s parents want us to get married. My parents want me to marry so that the child is protected, gets father’s name and has all the rights. I currently live with my boyfriend’s parents and we don’t get along very well. I have been having arguments and differences lately with my boyfriend as well and I don’t think if I marry our marriage will last very long. I know there’s the Restitution of conjugal rights decree that can be issued against me if I leave their home and refuse to live with them after marriage. My boyfriend makes 64,000 per month and I make 35,000 per month. Now I have some questions regarding the financial implications of marriage and execution of RCR decree - 1. Attachment of property, income, bank account - I currently have 5,00,000 in bank. I make 35,000 per month. I don’t own any property. How much of my income or money in my bank account can be attached and for how long? I heard that attachment of income or bank account lasts only 12 months and is only extended due to special reasons. 2. Can my husband seek maintenance from me? Maintenance for leaving his family home, causing his old parents (both 54 years) stress and them having to hire a nanny for the baby (in case the baby stays with them). 3. I know my husband can seek child alimony from me. Usually how much is the child alimony as the child gets older? 4. If I cancel the marriage now, can my father in law seek the money he spent on our weeding from me in court? He paid 30 lakhs for the wedding while my father paid 10 lakhs, this was according to the guests both sides are inviting. My father in law is very rich and can hire the best of lawyers to sue me and my family. Financially, would it be a better decision to just not marry and cancel the wedding? Please let me know as I have to explain to my parents that marriage to my boyfriend is not in my best interest. I am currently staying with my boyfriend and his parents, if my parents don’t agree with my decision, I’m planning to just take my things and leave their home. I can’t immediately go to my parents because they live in China.
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Your husband cannot seek maintenance as his income is more than your income
2) since both are working both have to maintain child in proportion to your incomes
3) your father in law would not be able to claim marriage expenses in case of cancellation of wedding
4) if you are not comfortable cancel the wedding
Yes you can cancel the same to avoid future complications
1. First of all you can't be forced to marry him against your willingness.
Even by chance if you are forced to get married, you can immediately file an annulment petition to annul your marriage.
If you don't take any action but leaving his house, it is not necessary that he has to file a RCR case against you.
Even if he files one, the court will hear your objection and then pass an order on merits.
It is not necessary that he has to file an execution petition to execute the decree.
Even if he files an execution petition, if there's no property on your name, he cannot proceed further to get your bank deposit attached, it is not legally permissible.
2. If he's employed and having sufficient source of income, he cannot claim maintenance from you.
3. He cannot because he is having more income than you.
You can always take the child to your custody.
4. Law is common to all, hence you can challenge the same properly.
You can decide as you propose now
No attachment.
No maintenance to Husband.
No child alimony from mother.
paid 30 lakhs for the wedding while my father paid 10 lakhs - You said wedding is yet to take place. Well no recovery through court.
Your all thoughts and anticipations are baseless. No one can survive with meagre income of 35k with child. Better marry, good for child and you.
Dear Client
Attachment of Property and Income: In the event of a Restitution of Conjugal Rights (RCR) decree, the court can order the attachment of property, income, or bank accounts of the party against whom the decree is issued. The extent of attachment can vary, and it depends on the court's decision based on factors such as your income, expenses, and the needs of the other party. Attachment typically lasts for the duration of the court proceedings, but it can be extended for special reasons.
Maintenance from You: Your husband can seek maintenance from you if you are living separately. The amount of maintenance is determined by the court and is based on factors such as your husband's income, your income, and the needs and expenses of both parties. The court will consider the circumstances and merits of the case before making a decision.
Child Alimony: Child custody and child support are separate issues from maintenance. The court will decide on child custody and the amount of child support based on the best interests of the child. The amount of child support can vary depending on factors such as the child's needs, your and your boyfriend's incomes, and other relevant circumstances.
Repayment of Wedding Expenses: Whether your father-in-law can seek repayment of wedding expenses would depend on the specific circumstances and any agreements that were made at the time of the wedding. It's possible that if there was a specific understanding or agreement regarding repayment of wedding expenses, it could be pursued legally. However, this would be a matter for legal examination and may require evidence of such an agreement.
Financially, the decision to marry or not should be based on your individual circumstances, including your relationship with your boyfriend and his family, your own financial situation, and your future plans.
First, get married. There is every possibility the situation might change after marriage. If things do not go well between you and your spouse after marriage, then you can think of living separately after marriage for a year and then go for a mutual consent divorce. You can settle the terms of alimony for yourself and your child by entering into MOU before mutual consent divorce petition is filed.
1. Legally, you cannot be forced to live with him , and even if the RCR decree has passed against you , then also it will have no impact on your income and property .
2. Since, his income is more than you then he cannot claim maintenance from you , however for the child you both are under burden to maintain proportionately.
3. You both are under obligation to pay the maintenance to the child , however it will depend upon the income of you both , and not you only.
4. No, they cannot claim the said expenditure from you
