Divorce seeking nri wife demand maintenance?
Law Querier
(Querist) 23 June 2012
This query is : Resolved
A divorce case has filed (section 13 (1) (ia)) in Indian family court by nri wife living in Canada through POA of her father. Similarly, wife had filed other divorce case in Canada court. Husband has replied in Indian court that he doesn’t want to divorce and denied all allegations put by his wife. Now, as per ground of divorce of Canada (completion of one year of separation) Canada court has ordered divorce. Husband has got Canada divorce order through post. Now, Husband has no chance to save his marriage. So, he wants to surrender to foreign divorce order. The question is, if husband agree with foreign divorce order, how can he gets Indian divorce order? Can husband have to pay any alimony or maintenance to his wife after divorce in India though wife is good in financial position in Canada and the divorce case petition filed by wife? Can wife demand any maintenance or alimony? Can wife demand her gold ornaments and articles recieved during marriage ceremony while she got divorce from Indian court?
M.Sheik Mohammed Ali
(Expert) 23 June 2012
no idea of the canada divorce case, but if the indian court order passed to divorce at the time of court may pronounced alimoney, bu you have any proof of her she is well settled in canada than no need to give alimoney.
SAINATH DEVALLA
(Expert) 23 June 2012
Spousal Support (Alimony)
In general, if one spouse earns more money than the other spouse, he/she may have to pay alimony, which is known in Canada as spousal support. There is no set formula for the amount of alimony, although there are a set of non binding spousal support guidelines that judges and lawyers follow. Despite this, spousal support is decided on a case-by-case basis, and there is a lot of variability in the results, alimony is not based on the gender of individuals. Men and women alike have to pay spousal support.Now that the divorce has been filed by your wife in Canada,she has to pay you Alimony as per Canadian Divorce Laws.
Sankaranarayanan
(Expert) 23 June 2012
Well said by mr develop if a person seek diverse then the other spouse need maintenance then they need to pay after verified by the court. But in india if ex wife have sound of money and comfortable to lead the life. Then with all evidence court can order not to pay maintenance
Shonee Kapoor
(Expert) 23 June 2012
I doubt that wife is demanding any alimony.
You should have contested the Indian Divorce on the principal of comity.
And the intention of girl seemed to be divorce and not alimony.
The Indian Divorce petition is infructuous unless you want to prosecute her for bigamy at a later stage.
Accept the divorce and carry on with your life.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Law Querier
(Querist) 23 June 2012
@Mr.Sainath Devalla,
The divorce filed by wife in canada and divorce order has passed already. can I demand for spousal support after divorce order and although I am living in India? How can I demand spousal support?
