• Divorce

I am a govt. servant and want to take divorce from my husband as he is not loyal for our wedding. is there any law that husband can take maintenance from his wife. because he is running his father's business. i am in fear that whether he can take maintenance from me if i start the divorce procedure first?
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
if your husband is working and doing well in business no question of you having to pay maintenance to your husband . it is better to suggest to your husband to go for divorce by mutual consent . consent terms can be drawn up in consultation with your husband
Ajay Sethi
Advocate, Mumbai
24706 Answers
1323 Consultations
5.0 on 5.0
1. Husband does not have any right under the law to seek "maintenance" from his wife.

2. You may explore in consultation with your husband the possibility of filing a joint case for divorce. If he does not agree then you may unilaterally file for divorce.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Dear Querist
if husband is not working and unable to maintain himself and the wife is working and any legal case is pending under Hindu marriage act then husband can claim maintenance from his wife under section 24 of HMA
if you think to file divorce against your husband then it will be better to file MCD with his consent.
draft a MOU and file the samewith MCD petition.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
there is a possibility that your husband can seek maintenance from you. however if you r successful in the event of producing necessary documents showing that he has sufficient source of income then you will succeed
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Hi, under certain circumstance husband can seek maintenance from his wife, provided husband is unable to maintain himself but it does not mean that he is simply sitting in the home he is entitled for maintenance, but he has to prove the circumstances under which he can claim.
Pradeep Bharathipura
Advocate, Bangalore
4154 Answers
140 Consultations
4.3 on 5.0
I have already stated that your husband is not entitled to seek any maintenance from you.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
your husband can claim maintenance only if he is not earning..contesting a divorce is a time consuming game.try divorce  mutually
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
MCD is better option but if he is not agree then file a contest divorce and file an application under section 21 B of Hindu marriage act for speedy trial, in this section the procedure can be completed within six month. 
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3628 Answers
137 Consultations
4.9 on 5.0
if you file for contested divorce it may take years for it to be disposed of . it all depends upon pendency of court cases in family court in your city .
Ajay Sethi
Advocate, Mumbai
24706 Answers
1323 Consultations
5.0 on 5.0
If he does not agree to give divorce then you shall have to apply unilaterally for divorce which may take a year to two to be decided.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Hi, we cant say time in the court........ no advocate will assure the time.
Pradeep Bharathipura
Advocate, Bangalore
4154 Answers
140 Consultations
4.3 on 5.0
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no time can say any advocate just file divorce petition wy u waste ur time every second is important in ur life so do it
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