Need Divorce From My Wife

if you fail to pay the maintenance , your wife can file case to attach your salary . means your company HR will be informed and maintenance amount can be taken from there. If you have any asset in your name, she can claim that also as you have failed to pay the money...It is better to follow the court order. If you have no job and no means to pay money to her, you can file in the court and request to lower the amount.

Asset means , bank balance or some any other else you means to say?Please clarify it to me claerly as i am very much scared about this thing.Currently i am not a permanent employee of my current company.My house and any other fixed assets are in the name of my parents.But i have some money in bank.But how can she prooved that or how can she know that i have some money in a bank or any other financial institution?as i am working on a private firm on temporary basis.Please clarify on this issue.

In my opinion paying lumpsum towards permanent alimony and obtaining divorce on mutual consent would be always better.

Hello Sir,

Atfirst she claims 3lacs rupees and then again she claims 5 lacs and so on....So how can i give her money to her and get rid of such situation?i am temporary employee and i ahve no capacity of paying such money to her.No in this situation what can i do?some of my friend says that if i failed topay her money , i will be sent to jail.Please tell what situation will be occured if i fail to give her money?please tell something reguarding this.

No body will be sent to jail for not paying money to wife.   You have to comply with the order of the court, if any, granting maintenance to your wife.

If monthly maintanance ordered by the court is not paid promptly your wife can insist the court to issue a warrant against you and if you stil does not pay the amount to your wife the warrant will be executed and thereby you may end up in jail unless the arrears of maintenance is not paid.

If you are unable to pay due to the change in circumstances, then you can ask for the revision of the amount if she is agrees. There are instances that the maintenance amount is reduced with the change of circumstances and the court may give the time to pay the balance.

Hello Sir,

What things my wife have to proof in front of court to get maintanance from me? and How much money the court will order to give to my wife as the situation is

1 . We dont have any s*xual life any more.

2.After marriage registration we did not live together.

3.Obviously we does not have any children.

4.After marriage registration 1 and 3 month are spent now.

Now in this situation how much money the court will give order to me to give her?if you have any opinion plese tell me.The last thing is my wife does not know my assets or bank balane, because she does not have any relationship with me.So how she proof that i have such and such amount of money as i am a temporary employee on my company.

Please can anyone help me about my questins?

Sandip,

If she is working or capable of maintaining herself, then she would not get any maintenance. Maintenence u/s24 of HMA is governed if the wife is unable to maintain herself during the trial. The permenent alimony u/s 25 of HMA is the discrenatory right and not the absolute right, so it depends on the judge to grant the maintenance or not.

If you are separating then the judge will give you to decide the alimony amount, and if she does not want that amount then the same will be communicated. You will have to negotiate the amount. Generally the wifes asks for the amount which is unrealistic and if you feel that the amount is too high for you to pay from your savings, then you should inform the court and ask the court to intervene in this matter. The court will not give the amount more than your capacity of paying and will not punish you for getting married by giving the High Amount to your wife.

Hello Sir,

Thank you very much for your opinion and your suggestion give lots of piece to my mind.Now my question is what issues should i kept in front of judge , so that my maintenance cost will be reduced? and will dismiss the issue forever.I have to know that in what issues my lawer should be most concerned about?

whether your wife is  working or she had any other income from any source to maintain her and she is having any immovable properties through them she is getting sufficent income to run her family .

What will she have to proove infront of court in case of getting alimony from me ? and suppose i am getting 20,000 rs as a salary from my company, then what will be allimony amount?that means what facts or documents she will have to proove in front of court to take alimony from me, in fact she does not live with me with more than one year and we have no children and neither we does not have any social marriage? So in this situation what documents she will have to place in front of court to take alimony from me and what will be amount?please advice and give your opinion

The amount may not be more than 5000/- , but for that she has to prove that she is unable to maintain herself. Since there are no children and if she has left you without any reasonable cause, the maintenance will not be granted.

Hello Sir,

My wife passed B.A Eng Hons from I.G.N.O.U[ Indira Gandhi Nationtional Open University ] this year and she may be school master in future.So in this situation is this doesnot proof enough in front of court that she will maintain herself?and maintanance cost will not need for her?since she does not live with me anumore after marriage registration and have not any kids. Please send me your opinion as soon as possible because i have recenly file a case against her.Your opinion will be very key point to save my life.