Legal Question in Family Law in India

my friend's wife has filed family court case under section 12 1(a) and 12 1 (c). His income is 60k per month and wife has no income but she was having previos income of 9k per month. He has mom and dad dependent on him. and his brother is also earning. Marriage has been lasted only for 8 months.

He has one house with around 35 lacs cost and liability of 15 lacs as home loan. Can he increase mortgage loan against property to safeguard his house and reduce alimony or maintenance.

Can she claim maintenance in this case even though impotence is proved or not proved.

If yes what can be max or min amount. can she file 498a etc after filing this case as she is not staying with matrimonial home.

Please reply. need urgent help


Asked on 9/07/14, 3:32 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Firstly be aware of law. She has filed for an annulment petition wherein court can declare the marriage as null and void. So, maintenance is not her plea. At best, she can claim interim maintenance. There is no need to do anything with the property.

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Answered on 9/08/14, 5:00 am


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