Legal Question in Family Law in India

Dear Advisor,

I am living at Mumbai, Thane and at my 40's. my Wife is 34 year old and daughter is 11 year old. Even after wining 498a case against my wife before 2 years (On Merit base) I patch up with her for my daughters future. For some time I also stay separately and even gave her money two lakh for security. (As per her demand for patch-up, but NOT the court condition). But for Job reason and my mothers health issues I started living with my mother again. (Wife was visiting on weekly or occasionally)

She again left home for the reason that she says can't manager with my 70 year old mother anymore, who is the only support of me.

I even tried to convince her and sent a legal notice to come back as well but her stand is she will NOT gave me divorce or nor come back, but will ask huge maintenance just to teach me lesson. I am feeling so helpless. Can anyone please guide me.


Asked on 5/20/14, 3:29 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your helplessness is understandable. You need to continue making efforts for bringing her back; and finally seek divorce on the ground of 'desertion' and 'cruelty', if sufficient evidence is available.

All the best,

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Answered on 5/20/14, 6:00 am

if she herself is not interested to come back without reason then she has no right of maintenance, file divorce case of 498 a is in ur favour that will helps you.

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Answered on 5/20/14, 6:46 am


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