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rapra_1234 (SE)     06 August 2014

Maintenance to wife

Hi,

I Have a 2yrs old child and my wife(with child) is separated from me for the past 2 years.I have filed RCR 4 months before.And we are waiting for second hearing.

Before marriage my wife was working for sometime and my FIL is in to good business with good assets than us(we are middle class family).There is only one younger sister for my wife.

At this situation,if i withdraw RCR and file for divorce based on below criteria, should i pay maintanance:

 

1.Desertion by wife which means wife deliberately intending for separation and to bring cohabitation permanently to an end.

2.Threatening to leave husband’s home and threat to commit suicide by the wife.

3.Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband’s relatives.

4.Abusing and accusing husband by way of insulting in presence of husband's parents

5.Not allowing me to dress,feed,visit my child



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 August 2014

Dear Querist

you filed divorce or not she may file maintenance petition against your for herself and for the child. if you proved your allegation as you mentioned in your query then the court may reject her petition for herself but for child you have to pay.

Feel Free to Call


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