• Divorce and Alimony

I got married on mid May 2018 and she left me in mid August 2018. That she can't live with my parents and take care my parents that they are too conditional. She is asking me to come out and live in a rented house. Once she left she accused me very badly about my behaviour,etc. I got hurt by those words. I want to divorce her now. Should I need to pay her any alimony? She lived with me for Max 50 days only
Asked 5 years ago in Family Law
Religion: Hindu

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11 Answers

This is immaterial how long you live with you. You are married to her and she have all the rights as a wife I'll just left you and living with her parents she can get the maintenance during this period if she make a claim in the family court. It is your responsibility to keep your wife properly and try to try to sort out any differences between your wife and parents you should not take any decision in hurry try to find out the causes of the problem and eliminate that.

Going for diagnosis not so easy thing and it will take lot of time it will be good for both of you to Reconcile the differences and live togetherlive together happily instead of wasting precious years of your life.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1) No, she has deserted you and putting conditions to live marital life. 

2) Its her wrong behaviour unknown to you and your family so on this ground you may apply for annulment of marriage.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Please find below for detailed answer


You will have to pay alimony irrespective of number of days she lived with you.

The quantum of alimony also does NOT depend on the number of days she lived with you.

Having answered your questions, I would like to suggest the following:

Since it's a short duration, I would recommend to make up. In a fight/quarrel all abuses are valid. You would have also abused her. So do not mind any of these.

Secondly, making a separate house financially if it is not an issue, then do it. Although I understand that it is your duty to take care of your parents etc., it saves a lot of trouble to them later. Let me give you an example. Suppose you file a Divorce, then she may file a DV or 498A, although it may be be proved that she has filed it with malicious intention, but there are all the chances that she will make your parents a party to the case/complaint. So your parents will have to go to the Police Station and court.

Instead, making a separate house will further weaken her case as she cannot say that your parents ill-treated her, or harrassed her or beat her etc. (Please Note: She can still file false complaint, but effect is very less).

Also, if you make a separate house, court will not ask you as to why did you not go home, etc. I hope you understand what I mean here.

Even before taking legal step, it's better if you handle it yourself. Once your case goes to Police Station or Court, you will have no control over it.

Also, understand that a divorce case go on for at least 3 to 5 years.

Give me a call and I can help you better. Also please do rate the answers, so that we can serve better.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

File fir divorce on grounds of mental cruelty 

 

2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

 

3) you will have to pay alimony to wife 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

1. You have recetly got married and hence do not quit this marriage in haste.

2. At intial phase there is compatibility problem which with passage of time fades and the marriage survives.

3. So do not take any decisison in term of dissolving this marriage at this stage. There is enough time for divorce . So do not run after it. Rather try to work this out for at least another year and then think interm of divorce preferably by way of mutual divorce which is likley to entail payment of permanent alimony.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

See for alimony many factors are to be considered it has to be seen she is working or not, qualification , your earnings. Further on same court decide maintenance though can be contested on time.

 

Further in india divorce cannot be filed before the completion of 1 year of marriage without leave of court.

Contested divorce can take time either give last try to your marriage or further ask her for mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Wife deserted husband will fully and force husband to separate from parents not entitle for alimony and valid ground for diovorce.

Her education and working status also consider by court to refuse alimony.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You have to send a legal notice saying that you wanted to live with her. If she respond back and come to live then its fine otherwise you can file a Restitution of conjugal rights in court if you want to live with her. If you not like to live with her then you can file divorce petition under cruelty. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

In the light of the facts stated, it appears it is too early for both of you to think seriously of a divorce. It is better to make all earnest attempts at reconciliation and save your marriage.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

You cannot file divorce case against her on such grounds especially not before completion of one year from the date of marriage 

You may have to wait for at least till then.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You cannot es


You cannot escape from alimony.  Irrespective of the number of days you lived together, alimony has to be paid.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

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