• Maintenance and alimony

Sir my wife staying away from me since one year. I wish to stay with her as I have only one Daughter
 If something goes wrong what is HER right to CLAIM against me for maintenance and alimony. I thought that, she only asking to separate so no need to pay maintenance, except child education. Can I get compensation for BREACH OF MARRIAGE Agreement
Asked 1 month ago in Family Law from Hyderabad, Telangana
Religion: Hindu

See if daughter is with her then she has right of.maintenance for herself and daughter. 

See the marriage is no agreement in hindu religion it is considered as sacred so no compensation can be taken for same.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

Your wife have all the right to get the maintenance and one time value money if it is decided that you are partying along with the maintenance for the Tata and educational expenses  you are liable to pay maintenance and alimony is decided on the basis of social and economic background of both the parties so your income will be considered for this purpose according to the claim by the court

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

1. if your wife is unemployed then she is entitled for maintenance both for the child and herself.

2. the amount of maintenance would be not less than 25% of his income.

3. There is no legal validity for any agreement the married couple may make pre or post marriage.

4. In other words in the event f no income of your wife your obligations to maintain your wife and child is not obliterated under any circumstances.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

No you cannot get any compensation because under Hindu law marriage is not a contract. 

If you wish to live with her file a petition Under section 9 of Hindu Marriage act for restitution of conjugal rights.

Mohit Kapoor
Advocate, Rohtak
3562 Answers
1 Consultation

5.0 on 5.0

Wife is entitled to get maintenance if she has not got any source of income. It is your legal responsibility. If she wants maintenance for minor child you are legally bound to pay maintenance to your minor child. 

Raghuvir G. Chaudhary
Advocate, Ahmedabad
27 Answers
3 Consultations

4.9 on 5.0

You can file petition for RCR under section 9 of HMA 

 

2) wife can seek interim maintenance and alimony from you 

 

3) you would not get any compensation 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

For getting separation a wife has to show sufficient reason or reasons. separation or divorce won't be grant by any court unless until there is strong reason. According to Hindu Marriage Act 1955 there must be valid reason for granting separation or divorce.   Your wife may claim for maintenance and permanent alimony by showing routine grounds and reasons. You have to defendant it and disprove the same.  The court may grant maintenance to wife if she is not earning but however you will be provided with filing your counter if in case your wife filed any maintenance petition. The maintenance is defends on the circumstances of the case,  .Obviously  you have to bear maintenance of your daughter.  No a husband canot get any compensation of breach of marriage contact as per Hindu Marriage Act

Lakshmi Kanth
Advocate, Hyderabad
435 Answers
15 Consultations

4.7 on 5.0

You will not get any compensation like that.  Indian courts are favourable to women

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

If without any just and valid reasons your wife remove herself from your society, then she certainly fails to fulfill her marital obligation to live with her husband in his home and under his roof. 

So in such case you can claim compensation for her wiifull misconduct and breach of marital obligations.

She in such cases shall not be entitled of any kind of maintenance.

But it is most unfortunate that in some cases some court take sympathetic and liberal views while dealing with women centric laws.

So it advisable to hire some good lawyer and claim your right.


It is also advised to strongly raise objections to divorce in court.

Kallol Majumdar
Advocate, Kolkata
1390 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

If you are file application for RCR it indicates that your desire that you want to save your marriage and you want your to wife stay with you.

If inspite of  court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage.

The domestic violence and dowry cases  filed by your wife would be more an after thought.

Inspite of court orders she refuses to stay with you, then you can file for divorce.

Netravathi Kalaskar
Advocate, Bengaluru
3118 Answers
14 Consultations

5.0 on 5.0

File Section 9 RCR. 

she can claim maintenance  and alimony from you. 

you cannot claim any compensation from her. 

try to settle dispute amicably. 

 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

Dear,

         You are not mentioning here, why she is not with you and what age is our

          daughter has.

          I she files a case for maintenance, you have to pay.

          No compensation in this case you get. 

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hi

You need to prove her bad intentions to harass you.

Coming to live separately, if it is mutual agreement  (for education, delivery, transfer or other exigencies) you need to provide basic maintenance.

If the issue takes up the form of litigation viz., divorce, maintenance etc., you have to fact the music and cough up the money.

As far as Breach of Marriage Agreement, there is no such concept in Hindu Law (the same is a concept in Islmanic Law).

All said and done, suggest you to have across the table dialogue with her (first) followed by intervention of family elders, well wishers etc.

Finally take a call as to which root you need to take (separation / continue relation).

There is no question / chance of getting compensation to a "MALE" i.e., Husband.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

No except maintenance she can file 498a and divorce petition against u.  No compensation for breach of marriage agreement 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

If she is staying voluntarily away from you and not willing to reconcile or return to the matrimonial fold then you may decide about continuing the marriage or not.

There is no breach of marriage agreement if she wants to get away from you hence there is no question of any compensation in this.

You may have to pay her maintenance if she applies for it and is not having sufficient sources to maintain herself or to meet her expenses.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

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