• Divorce

My case is rather complicated. I had filed for Divorce on grounds of adultery. There were 2 children born and I had a doubt. so we went in for a DNA test and the test proved that I was the father. I have been living separately from 29th April 2012 till date. she has filed for maintained and an interim  maintenance order has been passed to pay her and the kids Rs 10,000. Now my question is how do I get a divorce from this woman. I am willing to pay her the monthly money as I don't  I have a choice. Another question is after this case is dismissed can I file for mutual divorce and also continue paying her the Rs 10,000 very month.
Asked 10 months ago in Family Law from Bangalore, Karnataka
Religion: Christian
1) your divorce petition would be dismissed if you fail to prove adultery 

2)you are at liberty to file for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) one third of your income is reasonable amount awarded as maintenance 

2) it would be waste of time and money to file an appeal before HC 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. based on cruelty and desertion you may get the divorce from her if you proved about the cruelty and desertion.

2. if the divorce case dismissed and your wife is ready for divorce then both of you may file a mutual consent divorce before the family court.

3. if you are unable to pay the maintenance amount due to your health issues then file an application u/s 127 of Cr.P.C. before the court who passed an order of maintenance if passed under section 125 of Cr.P.C, for reducing the maintenance amount.


FEEL FREE TO CALL
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If you wish to seek divorce from your wife then file it on the ground of desertion as you have been living apart since 2012 till date.
if the judge has not passed a considered order while fixing Rs.10,000/- as interim maintenance for your wife and kid then you can file an appeal before the High court seeking a relook into the final orders of the lower court. Generally courts show more lineage towards women and children, so the High court may not reduce the maintenance amount unless you are able to show to the court that your earnings is insufficient to meet your medical needs as well.
Since your earlier case filed by you on grounds of adultery is going to be dismissed you can file a fresh petition under Mutual consent provided your wife gives her consent to take divorce, otherwise not possible.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
you may file revision petition against order of maintenance. maintenance is decided on the net income of husband. Net income is the income which remains after deduction of all the necessary expenses of husband and his dependents. Husband's liabilities are also taken into consideration in deciding maintenance. 

you have been living separately for more that 3 years. it is a ground of divorce. file divorce petition on the ground of complete breakdown of marriage and there no chance to revive. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Hi, If you fail to prove your allegations before the court then the court will dismiss your petition.

2. If the both the parties are agree for mutual consent divorce then better go for mutual consent divorce.

3.  If you want to challenge the interim order passed by the family court you have to file Writ Petition before the Hon'ble High Court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If the test has proved that you are the father of the child whose paternity you doubted then you have no case on merits. This, however, does not stop both of you from filing for mutual divorce. You can challenge the order of maintenance in the higher court which may either set it aside in entirety or reduce it. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
 I have been living separately from 29th April 2012 till date. she has filed for maintained and an interim  maintenance order has been passed to pay her and the kids Rs 10,000. Now my question is how do I get a divorce from this woman. I am willing to pay her the monthly money as I don't  I have a choice. Another question is after this case is dismissed can I file for mutual divorce and also continue paying her the Rs 10,000 very month.
Since you have been living separately away from her from 2012, it is more than two years of separation.  This will make you eligible to apply for divorce on the grounds of desertion and non-cohabitation.  You can apply for contested divorce.  Before that you may ask her that is she is ready for mutual consent divorce, let she come and sign the papers or else you may go for contested divorce.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
My take home salary is 28,500. However, the judge has passed and interim order for maintenance of Rs. 10.000 to be paid for her and the kids. I cannot afford to pay this amount as I have a serious health issue and I  require regular health check up, which I produced in court. My question is can I file for relief to a higher court or would it be a waste of time and money.
If you have strong and substantial reason with documentary roofs to seek reduction in maintenance amount, you may apply for revision before high court against the lower court order.  You may get a favorable decision provided your documentary proofs are convincing your claim.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0