Legal Question in Family Law in India

Hi Sir/Madam,

It's been a year since we are married and we have a baby girl just born. As it looks like laws are women friendly(in terms of property share and maintenance), my wife wants to take advantage of it and trying to file a divorce. Currently my wife is with her parents and had done post graduation, she is not currently working but if she works can earn 45K/month.

I discussed with my wife with love to get her away from this divorce maintenance thoughts, but it didn't work. If she files divorce or maintenance, I am not ready to pay even single paisa of maintenance, why should I if I am correct, sincere and committed towards relationship?

Is there any indian law that supports me? If not what is the solution to this problem?

Thank you very much.


Asked on 4/26/14, 12:55 pm

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

The best solution in your situation : make all possible efforts for a compromise. You have a duty to provide maintenance for your wife and the child.

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Answered on 4/27/14, 12:22 am
Santosh Goswami,Advocate sure shot legal

The law of maintenance is that it can't be granted to a wife who deserts her husband voluntarily. If she is living separately without any justifiable reasons, she is not entitled to get maintenance. So at the outset you should serve a legal notice for RCR.

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Answered on 4/28/14, 5:33 am


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