• How to get divorce

I want to get divorce from my wife. We have been married for 5 years now and we do not have a child. She is earning a living by working and can support herself. Still she is asking for maintenance. How can i avoid that. Please also advice me on how to get a good lawyer in delhi.
Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Hindu
Under Hindu Marriage Act or Under Cr. P.C Section 125 wife cannot be entitled to an interim or permanent maintenance if she is a working lady. The provisions under the Act are to ensure the wife does not live a life of destitute; she has to have a respectable income to support herself. Therefore, in case if she is a working lady then please ensure the following:

1. Collect documentary evidences like bank details, place of work etc., which proves that she is a working lady;
2. Alternatively, as an fyi, under Hindu Marriage Act, a husband can also demand for maintenance.
3. Before approaching a lawyer in Delhi, please have all the evidences beforehand wherein she is earning so that you may avoid maintenance. 
4. You MUST attach all the documentary proofs/evidences of her earnings to avoid maintenance.
5. You may have to seek personal references to get a proper lawyer in Delhi.

Hope I answered your questions. Please let me know should there be any further clarifications required.

Thanks,
Adv. Feroz Shaikh
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0
For divorce, if you are an Hindu, a petition for divorce will have to be filed in the family court under whose jurisdiction you fall under. You may also if the situation so permits go for divorce by mutual consent.

If you belong to Muslim community, then Sharia law applies for which there is no necessity to approach family court for divorce.

Belonging to any other community would attract relevant personal law applicable in that religion.

In fact, it would have been better if you would have mentioned the religion applicable, as divorce laws differ based on personal laws applicable.

Thanks,
Adv. Feroz Shaikh.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0

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