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Nirav (Engineer)     11 May 2015

Maintenance

Hi Guys,

I am fighting for divorce case currectly. I stayed  with my wife just one month and she left my home after 4 months of marriage. when she left she wrote and signed a copy that she wanted divorce. now the question is,  can she claim for  the maintenance. she is doing job and she is doing ok, 

in case of divorce, what's the maximum percentage of my salary I will need to give her and when what happens if she marry someone and does not tell us? I bellieve I do not need to pay any maitenance after her marriage.

we both are Hindu and case is currectly in Ahmedabad, Gujrat court. 

if you need more info, please let me know.

we got married dec 2012 and she left in april 2013. we have not been taking since that. she filed false 498a case too,

for the same divorce case, she did not come in last hearing and now next hearing is in july 2015. what if she does not come on that date too? 

Thanking you all experts.



Learning

 6 Replies

saravanan s (legal advisor)     11 May 2015

case is currectly in Ahmedabad, Gujrat court.

is it divorce case?if so on what grounds? who filed the case?

if you can prove that she voluntarily left the home then she wont be entitled for any maintenance.same if shae is working and earning enough to live a comfortable living also.if you have a child then you have to provide maintenance for the child

if maintenance is ordered by the court she is entitled to get it till she remarries

as far as 498a is concerned fight the case on merits.if she fails to prove it against you then that becomes a ground for divorce on grounds of cruelty

Nirav (Engineer)     11 May 2015

Yes Sir. It is a divorce case Filed in Jan this year. They are demanding money I can not afford to give.my lawyer has filed my case on the desertion. It has been now more than 2 years since we spoke to each other. Thanks for your reply. 498a was filed around July 2013 but so far we did not get any court notice. Is it usual time?

SAINATH DEVALLA (LEGAL CONSULTANT)     11 May 2015

498 A filed 2 yrs ago and still lying idle without any kind of notice to the respondents/accused.

Adv k . mahesh (advocate)     11 May 2015

should have talked with them and taken mutual consent divorce for the marriage which lasted only for 4 months

Nirav (Engineer)     11 May 2015

I talked to Them and they are demanding money. It is out of my reach and they are saying that they would never give me divorce and all those bad words.

saravanan s (legal advisor)     12 May 2015

suppose if your wife is not appearing for hearings then the court will give exparte divorce after due notice to your wife


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