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Desertion & cruelty by wife

(Querist) 31 July 2012 This query is : Resolved 
I am a young man of 35 years of age staying with my parents. I am physically disabled and due to this earn irregularly. Because of this, my wife has deserted me and currently staying with her parents who are financially well off. She has taken with her our 2 years old son also. Even after repeated efforts from our side she is not prepared to come back. She is not prepared to give me divorce as well. She, off the record, says that she would come and stay with me after the demise of my parents as by then I will inherit my parents property and meet the family expenses with ease. Before deserting me we were staying with my parents and my parents were and are always supporting our family expenses. I am very much pained and distressed at her stand which is wrong and immoral. Please advise me on how to go about and also tell me if I seek divorce, will I get it and if so how can I give her alimony and child maintenance since because of the disability my income is irregular ie sometimes I work, if possible ? My wife is physically fit, graduate by qualification and was earning a salary of Rs10000/- pm before delivery. I have become physically disabled only after marriage and doing a permanent job before becoming disabled. Please advise.
Devajyoti Barman (Expert) 31 July 2012
You can apply for divorce on the ground of cruelty.
The quntum of alimony would be fixed taking into account of your income prospect.


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