Divorce and maintenance
Suraj Kumar
(Querist) 09 November 2014
This query is : Resolved
1. After marriage wife started to misbehave with family members.
2. To save marriage husband shifted to separate accommodation.
3. Wife left matrimonial home when husband was not in home taking all money, ornaments and cloths.
4. A missing dairy lodged at local police station.
5. A month later a general dairy lodged by husband claiming wife taken husband’s money and ornaments while she was missing from separate accommodation.
6. Husband files RCR.
7. In reply wife files 125 CRPC and 24 HMA.
8. Husband withdraws RCR as reconciliation failed twice.
9. In the certified copy of RCR judge order “RECONCILATION FAILED”
10. Husband repeatedly requests wife to live in his family but dishonored.
11. Wife wants to live with husband in separate residence from the family of husband.
12. No FIR lodged till date against husband but a general dairy lodged calming husband refused to accept wife.
Question:
a) Can husband file divorce on the ground of desertion (as two years passed) and cruelty?
b) If yes, what are the evidences requires? Is there any merit of the case?
c) If any other options please advice.
d) Husband earn
Gross salary Rs 30000
Gross salary after govt deduction Rs 22000
Net salary after private deduction Rs 8000
How much amount may be granted for maintenance?
e) Can above amount be converted to one time lump sum? My opposite party wants monthly maintenance.
Devajyoti Barman
(Expert) 09 November 2014
1. Yes
2. Tortures and factum of wilful departure from matrimonial home will have to be proved.
3. Not sure
4. 1/3 TO 1/5th on Rs. 22,000/-.
5. Nu unless mutual settlement is done.
Rajendra K Goyal
(Expert) 10 November 2014
a) Husband can file divorce on the ground of desertion / cruelty.
b) Cruelty instances on facts has to be proved.
c) Full case file has to be referred. Consult local lawyer.
d) It should be 1/3 or 1/5 of salary after statutory deductions.
e) Yes, if matter settled mutually.
ajay sethi
(Expert) 10 November 2014
agree with experts
R.K Nanda
(Expert) 10 November 2014
consult local lawyer.
V R SHROFF
(Expert) 14 November 2014
WELL REPLIED BY SHRI BARMAN & GOYAL
T. Kalaiselvan, Advocate 
(Expert) 14 November 2014
While agreeing to the experts views, it is suggested that to be on the safer side, better engage your advocate once again or a new advocate to handle the case.
