can divorce without maintenance
Nilesh Agarwal
(Querist) 19 September 2010
This query is : Resolved
Respected sir/ madam,
thanks for my last query,
1)Last year in july i had sent a notice to my wife towards stay with me with the help of a lawyer.using conjugal rights.she came and stayed for few days and left by her own wish.
2)almost year passed she left can i file for divorce.
3)if divorce granted she can demand maintenance.she is living with her rich boyfriend.
4)i still wanted to stay with her because of child but she dont want .
Devajyoti Barman
(Expert) 19 September 2010
Yes you could file a suit for divorce and she could file a case for maintenance.
If during the trial you could prove that the wife left her marital home on her own accord then you might avoid giving maintenance.
adv. rajeev ( rajoo )
(Expert) 19 September 2010
She can claim the maintenace but there must be a willful neglence by you to maintain her. Burden lies on you to prove that you didn't willfully neglect her to maintain and also you have to prove she is living with her rich boyfriend.
