Yes, you can go ahead and file the divorce, but you also might have to pay the alimony as she is not working.

I advice you to give on monthly basis if happen to give and when she starts working again go before the court and stop paying.

Hi,

Since your wife is living separately you may file a RCR petition under section 9 of the Hindu Marriage Act . If she is not turning up in compliance to the order of RCR then you may file the divorce petition.

Your wife may file all the possible cases against you in response to your divorce petition but these are very usual in this case.

She may file a maintenance case under section 125 of CrPC for maintenance during the pendency of the case.

Alimony may be allowed by the court but social and economic conditions of the parties are considered before the alimony allowed by the court.

My advice here is that you give you wife first a notice of restitution of conjugal rights that means she has to come back and live with you .If she doesnot come back or.reply notice file.for restitution in appropriate court jurisdiction.

If you want to file.for divorce then file petition under hindu marriage act with valid ground of divorce and evidences.

Yess court can order to pay alimony though you are filling the petition. In recent time there are judgement where the alimony is denied to wife still there is a chance court can grant some.alimony.

Respected sir...

As your wife is threatening you for false cases ...just approach to court and take deface of it...simply file a divorce petition under section 13-A of HMA seeking divorce decree from court...No one in this world can stop you from taking divorce as it is your right ..she can contest it but not stop you from filling divorce ...sir file divorce petition prior too her as it will be a defense as we will say to court that she had filled fake cases[in future] just to take revenge from you...then it will work as a defense for you...

sir a wife is entitle to get maintenance from her husband weather or not she is qualified or not you have to pay her is she is not able to maintain herself...

You have to pay her maintenance not alimony because alimony is paid at one time settlement ...she will file case against you under section 125 of CRPC to get maintenance from you...

SIR there are several ways through which we can denies to give her maintenance and these things were mentioned by supreme court in its various judgments ...such as no maintenance will be granted as if it is proved that she wants to reside sepratly ,who deserts her husband etc....just hire a good lawyer and fight case strongly ...as attack is best defance ...

Thank you

Hello,

If you are not in hurry then i would advise you to file a section 9 petition for restitution of conjugal rights so that later if in any way any case is filed against you then you can say that you are ready to gether back and in that case you will have to pay less alimony and maintenance.

Regards

Yes you need to maintain your wife If she files for maintenance under sec 125 crpc you need to pay monthly nominal maintenance.. secondly if she's educated you may not have to pay entire amount claimed by her but again she can give health reasons as ground for not working. If you file for divorce she.May file.application under sec 24 Hindu marriage act claiming for maintenance.

1) if wife is not working court would award her alimony

2) draw attention of court to fact that wife is highly qualified and deliberately not working

3) she refuses to stay without any reasonable cause

Hi

Alimony is one thing you cannot avoid.

However, when you file application for Divorce she will present her true face and come out with her version.

Upon contest of all and sundry cases, filed by her as a counter blast to your divorce petition if you can prove and establish your points there is a chance for you to pay minimum settlement amount.

During the course of these activities they may come for compromise which you may consider by taking prevailing situation in to consideration and close it

Good Luck

1. If she really files any such case you cannot restrain her from doing so.

However if she indeed files case you can always take bail which is easy.

2. Now most of the high courts do not consider education of wife alone to be a factor to avoid maintenance. Unless and until you show her income the maintenance is not rejected only because she is sitting idle with much education.

3. Since such types of litigation takes lot of time, it is advisable you resolve the dispute amicably beofre it reaches court,

1) Qualified is different thing and employment is different thing, If she is not engaged in any employment or does not work, than she is entitled for alimony.

2) If she is threatening you for dowry and harassing under section 493a, but you can also tell infront of policemen in police station all this is false and protect yourself by self defence.

Record all such conversations where in she's blackmailing you with false Dowry cases.

She's not automatic and vested right to claim alimony from you. Incase she's highly professionally qualified, she'd expected to seek an employment and earn for self.

Dear friend,

Your wife being qualified not entitled for alimony provided you prove that your assets are very small and financial responsibilities are more.Please come to my office for legal advise with documents for appropriate advise.

You are liable to pay the alimony.

make a plea before the court that by deliberately your wife is not willing to do the job though she qualified enough to get the job.

In case of warring couples, better to get separated by filing a petition under S.13-B (Divorce by mutual consent).

However, S.14 of the Act stipulates one year within which the petition shall not be entertained.

It depends upon the lawyer, the pleadings and the presiding officer to decide the quantum of alimony based on economic and social factors. Therefore, unless you encounter such a situation, don't get worried too much now. If she files a petition, then, you challenge. Till such time, relax......

Just merely qualified may not dis entitle her to claim alimony or maintenance from you.

She can very well file maintenance case against you.

But that should not make you feel discouraged, you can proceed as per your plans in this regard.

Yes you need to pay alimony to her even though she is well qualified.

You need to collect all the evidences about her prior job, services, salary slip to show her capability to earning of her, then only you can get the some relaxation in the amount of alimony.

Hello, There are many many Judgements pronounced by various high courts and Supreme Court of India that if the girl is having graduation or post graduation then the husband need not pay any maintenance. You may proceed your divorce petition without any worries but ensure that you are committing a well experienced lawyer.

Wife has no share in ancestral property or property standing in parents name

2)court considers your last 3 years income in determining maintenance

3) wife can be awarded Rs 10000 as maintenance

She does not have any statutory right on the same.

If she has the capacity to earn then your liability to pay maintainance decreases by leaps and bounds.

Amount depends on the claim made by her, but any claim can be strongly opposed on the ground that she has the capacity to earn.

Regards

Dear friend.

Wife has no right of share except claim for maintenance or alimony, if she is not qualified to do any work. Your wife being highly qualified not entitled for anything. You must start from Zero. Let us discuss merits of the case after perusing all the documents. Please come to my office.

1) Till your father and you are alive she is not entitled for her share in 1Acre of ancestral property.

2) After deducting your monthly expenses and any home loan than court may grant till 30 to 50% of your remaining net income.

She do not have any rights in your property, be it self acquired or inherited as ancestral property.

The quantum of maintenance would depend on her proof of your income .

Your income proof vide your salary certificate or any other substantial documentary evidence has to be proved tothe satisfaction of court upon which the court may at its discretion may allot upto 33 percent as maintenance.

She can not claim the property in which is in the name of your father.

Maintenance direction are discretion of the court.

She is having no right on your father's property.

The quantum of alimony/maintenance will be quantified by the Court taking into consideration yur income, the assets you hold and the status that you maintain.