• Does maintenance case lead to divorce

I had been married for 17 years and my wife left me for for 10 months. In these 10 months she visited only once for few hours . Now she has put a maintenance case on me in August 2017.  As of Now i don't want to live with her. 
Now i want to know that can demanding maintenance by my wife can leads to or can be pleaded as Divorce case. If yes, then please suggest me.
Asked 7 days ago in Family Law from Delhi, Delhi
Religion: Hindu
Maintenance case cannot leads to divorce :) thanks :)
Shiva Bharathy
Advocate, Chennai
60 Answers

Not rated

Dear Client,

Right to maintenance is inherited right of women until she earns good, - depends on facts, 
If any no valid reason she deserted u , she shall not be granted maintenance, 
But application of maintenance no ground for divorce, Except she deserted u for no cause for more than 2 years. 
Yogendra Singh Rajawat
Advocate, Jaipur
637 Answers

4.9 on 5.0

it is not necessary that maintenance case leads to divorce 

2) contest the maintenance demanded by wife

3) if wife is working draw attention of court to said fact 

4) you are at liberty to file for divorce 
Ajay Sethi
Advocate, Mumbai
38778 Answers
2174 Consultations

5.0 on 5.0

Hi
Maintenance case cannot lead to the divorce neither can be grounds for divorce, maintenance is the right of wife IF SHE IS NOT EARNING OR NOT ABLE TO EARN ANYTHING. 
For Divorce you need to file a separate divorce petition on some strong Grounds like cruelity desertion or anything else but desertion cannot be ground in your case as its been only 10 months she have left the house.
So file divorce on the basis of cruelty.
Thank You
Rahul Jatain
Advocate, New Delhi
423 Answers

5.0 on 5.0

If there is marital dispute between you and your wife then its better to settle the dispute by way of mutual divorce.
If she doesn't agree then file contested divorce suit.
In the contested divorce suit she is entitled to maintenance pendente lite.
The quantum of maintenance varies as per 1/3-1/4 of your income. 
Devajyoti Barman
Advocate, Kolkata
10762 Answers
134 Consultations

5.0 on 5.0

Firstly, maintenance can only be given after the divorce or during the pendency of divorce proceedings.
Secondly, ask her to come otherwise serve her a notice of divorce.
Thirdly and lastly, it is clear that she wants to get maintenance meaning here by is that she will have to apply for the divorce. Or if you don't want to Wait for her action then go by second advice of mine above.
Good Luck
Sanjay Baniwal
Advocate, South Delhi
156 Answers

4.9 on 5.0

Claiming maintenance is no ground for maintenance. Follwoing are the groundsd for maintainence as per the Hindu Marriage Act:

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

In your case probably the same can be filed on the ground of mental cruelty, the term mental cruelty extends to all such act through which you have been mentally tortured.

Let me know if I can be of some help.

Regards  
Anilesh Tewari
Advocate, New Delhi
4666 Answers
61 Consultations

5.0 on 5.0

Hello,
1) Your wife filing a petition for maintenance in itself can not be construed as her filing for divorce or willing to get divorce as it is the right of the spouse that is in need to demand maintenance from the one that has the means.

2) You can contest the petition for maintenance on the merit of the case. In any case if your wife is not earning and is not employable, you will be liable and ordered by the court to pay a maintenance.

3) As you stated, if you do not now wish to live with her and continue in the marriage, you have the option to file for divorce unilaterally on grounds of mental cruelty. This will also help find out through the process of counselling in the court if she too is willing for a divorce and possibly get to divorce by mutual consent.
S J Mathew
Advocate, Mumbai
2173 Answers
100 Consultations

5.0 on 5.0

Hi,
you may file a case u/s 9 of Hindu marriage act for RCR  and if she is not willing to come back you may file a divorce petition u/s 13(1)(ib) after two years of separation immediately preceding the presentation of the petition.
The wife may also present a petition u/s 13(2)(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, or in a proceeding under Section 125 of the Code of Cr PC or under corresponding Section 488 of the Code of Criminal Procedure,  a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards.

The demand of maintenance is the usual demand and will be allowed by the family court for her maintenance and for the expenses of the litigation.
Vimlesh P Mishra
Advocate, Lucknow
225 Answers

5.0 on 5.0

Yes you can file divorce petition on the ground of the mental cruelty against her.
Laksheyender Kumar
Advocate, Delhi
322 Answers

4.8 on 5.0

Hi, the maintanace case is filed under section 125 crpc .. A wife is entitled for maintanace only when she is not able to maintain herself and is not earning .. Filing of maintainance cannot be converted as a divorce petition .. A Seprate petiton for divorce has to be filed 
Hemant Chaudhary
Advocate, New Delhi
1882 Answers
7 Consultations

4.9 on 5.0

1. She must be demanding maintenance after making certain allegations for her not being able to stay with you.

2. Claiming maintenance from husband does not merit filing of divorce suit per se.

3. However, if the allegations leveled in the maintenance petition can be proved to be wrong and fabricated, you can file the divorce suit on the ground of cruelty since lodging false complaint and case against husband and/or wife is construed as an act of cruelty which is an important cause for seeking the decree of divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
16103 Answers
389 Consultations

5.0 on 5.0

You have not mentioned under what provision she has sought maintenance. However wife is entitled for maintenance allowance. She or you can also file application for divorce.
Parkash Chand Bhardwaj
Advocate, Hamirpur
43 Answers

4.8 on 5.0

Seeking divorce and seeking Maintenance are two separate things.

While your wife is seeking Maintenance from you, you wish to seek divorce from her. Her act of seeking maintenance from you, doesn't gives you a ground to obtain divorce from her.
Vibhanshu Srivastava
Advocate, Bangalore
2973 Answers
16 Consultations

4.9 on 5.0

If she wants divorce she have to file case for divorce.
Rajashekar
Advocate, Bengaluru
229 Answers

4.8 on 5.0

Maintenance case cannot be a ground for seeking divorce.

You can file a contested divorce case on the grounds of mental cruelty and desertion.
T Kalaiselvan
Advocate, Vellore
28780 Answers
299 Consultations

5.0 on 5.0

1. In a maintenance case the court has to simply decide whether to award maintenance, and if yes, what quantum. The court cannot grant divorce unless a petition for divorce has been filed.

2. Either spouse is at liberty to file a petition for divorce.
Ashish Davessar
Advocate, Jaipur
21818 Answers
595 Consultations

5.0 on 5.0

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