• False DV and 498a

If I file divorce on the base of supreme court's decision on separate from parents by pressure of wife is wife eligible for maintenance?
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1. If the wife has no independent source of income then decree of divorce on any ground would not make you get rid of your liability to maintain your wife.

2. The divorced wife is entitled to maintence for her whole life if she remain unmarried without any job..

3. If decree of divorce is already passed then you can file any fresh case.

4. The 498A case will also not lie if it is filed after divorce nor DV case.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1) wife would be entitled to mainteance in event of divorce

2)i presume wife is not working

3) if she is working and there is not substantial differnce in income court would not award her maintenance

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1) you have not mentioned if wife is working or not

2) if wife is not working court may award her around 10,000 a month as maintenace

3) if wife had suppressed material facts about her earlier marriage you could have filed for annullment within period of one year of marriage on grounds of fraud

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Yes your wife entitled for maintenance till getting divorce from Hon'ble Family/ District Court. She has to prove your income and then only maintenance will be granted. You do not reveal or admit your income before the Honorable Court let her prove which is no so easy. If your salary proved to Rs.35000/- she is entitled to 8- 10 thousand per month.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1. If divorce is granted on the ground of cruelty caused by the wife, then ordinarily the wife is allowed maintenance.

2. However, you shall have to prove with irrefutable evidence her act of the said cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. If she had married you by suppressing the fact that she was already married at that time of your marriage, then the said marriage is void at law.

2. You can file an annulment petition on the said ground within one year of having come to known about the said fact.

3. However, Court grants maintenance amount in between 1/5th to 1/3rd of husband's net monthly earning after excluding PF, I.Tax, EMIs and mandatory medical expenses which is incurred for a long time for self and parents.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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