Legal Question in Family Law in India

Avoid any compensation claim from my wife

Hi

Iam working in Dubai and my wife in India. we have a 3mt daughter. Right now we have decided to seperate. I am not putting any divorce claim from my side.Iam ready for whatever expense i have to give to my daughter, but iam afraid if my wife will claim huge compensation from me.

I am planning to not go India for 2years.

Sir, i would request you to please advice me in this matter


Asked on 4/09/07, 1:55 am

6 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: Avoid any compensation claim from my wife

Firstly it is essential to know to which religion you belong. As a father you are bound to maintain your daughter if your wife is working then she cannot claim any maintainence but if she is not working then she can claim maintainence from you which will depend o your income also. if you both are planning to file a mutual consent divorce then the same can be done as per the agreed terms between you both. Even if you are not planning to come down for two years if your wife files a divroce case then you will have to defend it. if you need futher assisantanc you can contact me for teh same.

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Answered on 4/09/07, 3:54 am
rajeshwar sharma rajeshwarnathsharma

Re: Avoid any compensation claim from my wife

Your details is incomplete as you have not mentioned the religion by which your marriage was performed but however my answer your query are:-

Your wife is legally entitled for the maintenance and under the provions of prevailing laws and various judgements of courts, the wife has a right to maintain herself according to the ststus and position of her husband. In case if your wife is working than it may lower down the amount of maintenance and your liability.

You both may settled the issue of maintenance if you both are moving to the court for divorce by mutual consent.

For divorce you have to come to India. Another remedy for you is that you through you duly legally appointed attorney may seek exemption from your personal appearance for the court presenting and obtainning divorce. For further details you may contect me or any lawyer

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Answered on 4/09/07, 2:02 pm
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Avoid any compensation claim from my wife

Just because your wife claims compensation, it not necessary that it will be granted to her. You should come to India, if permitted and meet the problem head on.

Kindly contact a good Family Courts Advocate, who will guide you through the process.

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Answered on 4/22/07, 9:31 am
G. M. Gupta gmguptaandassociates

Re: Avoid any compensation claim from my wife

if you are a hindu first of all hire an advocate where the court is and then file a mutual consent divorce petition, get the things solved and stay in peace

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Answered on 4/22/07, 2:01 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Avoid any compensation claim from my wife

The law on the subject is very simple and clear. A husband is responsible to provide maintenance/alimony/support to his wife; if the wife is having separate source of income, the amount of maintenance can be reduced; if her income is equal or almost equal to that of husband, no maintenance is payable; in law a wife is entitled to live as per living standard of her husband; the maintenance can be also be a lump sum for whole life; or it can be monthly/annual depending upon the court and the income of the parties. But if the wife has no income, you cannot simply avoid her maintenance; An obstinate behaviour that "I do not want to pay her anything" will not work in law.

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Answered on 4/09/07, 10:07 pm
Prabhat Shroff Shroff & Company

Re: Avoid any compensation claim from my wife

First of all, you have to state as to where you were married, where do you and your wife resided at the time of marriage.

The rest of your queries can be answered after the aforesaid info

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Answered on 4/10/07, 1:07 am


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