amount of maintainenece
dr.nasim kumar
(Querist) 28 January 2011
This query is : Resolved
what is the amount of maintainence if husband and wife have stayed for less than six months with each other and can the maintainece be finished if husband and wife not stayed together for last seven years they had no contact and can it be a ground for automatic divorce please tell me
Devajyoti Barman
(Expert) 28 January 2011
There is nothing called automatic divorce in this country. Whatever grave gorund there may be but the aggrieved party will have to file a suit for divorce and he can get the same only if the allegations could be proved.
The maintenance does not depend upon the period of time the couple are residing separately but upon the respective status and financial capacity of the husband.
manoj joshi
(Expert) 28 January 2011
im agree wd mr.barman
Parveen Kr. Aggarwal
(Expert) 28 January 2011
Yes. Without a decree being passed by a court of competent jurisdiction upon petition seeking divorce, there cannot be divorce under the Indian laws. However, living away for a long period may be pleaded to be desertion as a ground for divorce.
The period of staying together or apart is not a consideration for determining the amount of maintenance.
s.subramanian
(Expert) 29 January 2011
You have to take a formal decree of divorce before the competent court.
