Re: Conditions for Divorce in India.
Kartik dhar
(Querist) 10 January 2011
This query is : Resolved
Hello Xperts!
Sorry for not being in touch for a long time!
I would really appreciate if you cud help me on this.
My wife has taken my 9 months old child and has abandoned me since 3 mnths and I am planning to go abroad for 1 year.
1. What if she does not file for a divorce?
2. What will I loose if I file for a divorce since she is not making her move first?
3. After more than a year of non co-habitation can we get a divorce automatically or she can ask for maintainence at ant time?
Much appreciated!
Devajyoti Barman
(Expert) 10 January 2011
No perod of separaton automatically entitile the parties for divorce. Nobody would loose anything if he/she first knocks the door of the court. The success of case depends upon the merit of the case and not upon the party who comes first before the court of law for relief.
Amit Minocha
(Expert) 11 January 2011
1) nothing
2) no you will not loose your stand but your case should have good merits
3) no automatic divorce is possible under Indian Laws, she can claim maintenance if she is not working, erstwhile you are liable to pay only for kids. amitminocha@yahoo.com
Kartik dhar
(Querist) 11 January 2011
Thanks for the response!
1. What is the minimum stipulated time a couple has to be living separately to be eligible for a divorce?
2. My wife is already living with her parents since 3 months now. Her parents are well off financially. I am not wealthy enough to take care of her or the child.
3. Also she had an extra marital affair when I was out of India. Also before marriage and after marriage she was seeing this guy from same locality.
Can she still get maint. even if she has had and has been involved in an affair outside marriage?
Please advise!
R.venkatesh Naidu
(Expert) 14 January 2011
I you are a hindu, you may choose above mentioned methods.
There are two ways for seeking divorce.the 1. By way filing civil suit for nullity of marriage and dclaration of the marriage cerficate as null and void.(if the marriage was registered)
2. To file a petition for divoce under section 13B, mutual consent.
Both ways are safe from her for demanding maintenance by her.
And Whether she was salaried person, you Challange to need not pay the maintainence.
otherwise she may claim maintenance. But you should pay maintenance to the child.
or you are a other than Hindu you follow special marriage act.
or you are a muslim you, follow Muslim law
