Can i file divorce

Cruelty by wife is ground for divorce.

you can always file divorce and the grounds for the same shall be the facts that you bring on record in your petition and your this maintenaince shall also play some role towards your Divorce petition.  But my friend alimony can only be decided by the court., 

Originally posted by : ashis kawtia
	i am already paying interim maintainance under dv act of rs5000.and the family couet has also passed the same amount as final maintainance under sec125.we are into legal battle since 2011.can i file divorce.if yes what should be the grounds and what is the alimony that can be passed by the court.my monthly income is 12000 pm.kindly guide me.

You will have to let the FC know about DV court already ordering the 5000 per month IA.  You submit your written application via your Advocate along with certified copy of IA orders of DV court in FC.  FC will re-adjudicate the alimony it has ordered.

You should have also filed your IT returns or pay slip to court for court to decide how much alimony should you pay to your wife.  Along that you should have also filed details of any loans taken and expenditure incurred by you every month for day to day living.  Hope you have done it.

Feel free to call for any further advice.

You can file diovrce on the grounds of cruelty, desertion (if she is living away from you for more than two years) and adultery,  if it is so.

Hi Ashis you file divorce on ground wife curtely and as you said your monthly income is rs 12,000rs and there your family attend on you than you file for review you maintaince order in court and show your income proof. 

file divorce in curetly ground. 

You may file on the strength of facts per valid grounds.

Generally Permanent Alimony will be sum of 10 to 15 years of monthly maintenance you are paying as on that date.