Legal Question in Family Law in India
divorce & maintenance
my wife is much influenced by her parents.she threat to commit suicide,force me to live nearby her parents,goes her parents every month & stay atleast 6-7 month. Her father used to create scenes at my house & took her forcefully.she is at her parents home for last 1 yr and doing job. Her parents threatened to file a fake dowry & 498A case against me and my family. they put demand for money.Now i had filed for divorce on cruelity basis. Now she wants to live with me but she doesn't feel any guilt that she did harassment to me. when she left me without any fault, i was very upset and was in full depression and Tears bcoz i was not able to live without her. but she never think of me. i have a child also. Now,i dont want to live with her. Infact, i loved her very much but i dont have any feelings for her now. she cheated me as i came to know about her affair (pre-marital & post-marital) with her boyfriend.she filed maintenance case u/s24. my earning 33000 p.m. & she also earning 12000 p.m.(she presented herself as unemployed), what should i do?
1.wat max. amount she cud get as maintenance.
2.After fixing maintenance by court,when will i get divorce decree
3.once maintenance fixed, when can i remarry?
4.custody of my child(2 yr old
4 Answers from Attorneys
Re: divorce & maintenance
1. She may get around 10,000/- p.m. as maintenance;
2. It is not even certain if you could get divorce at all. You have not provided instances of cruelty which could constitute sufficient grounds for divorce. The facts you have mentioned may not be sufficient for the court to grant you divorce.
3. You may not remarry till you get divorce, which is uncertain.
4. You may get visiting rights but not custody of the child till at least the child is five; and /or you may establish that the mother is 'unfit' for custody of the child.
Keeping into mind the costs and time involved in litigation, you are advised to reconsider your decision and bring your wife and child back home. One who develops capacity for forgiveness is greater and stronger than the sinner. If you had ever loved your wife even for a few moments, just keep recalling those moments of life and forget whatever wrong she did; On the contrary you need to realise that whatever her mistakes were, she was not properly 'transplanted' in the new atmosphere; and now since she is willing to join you, you should not delay. One should jump at such opportunity, bring her home and put an end to the entire litigation.
Re: divorce & maintenance
If nearby contact personally for consulting with details (Rs 100/- only consultancy fees).
Re: divorce & maintenance
1. She may get any amount between 10,000/- p.m. to 18,000/- p.m. for herself & child as maintenance depending upon the presentation made by you in the hearing of this matter
2. You may get the divorce provided you can conclusively prove your case of cruelty by her which can be accepted as adequate reason for divorce.No time limit can be predicted.
3. You can remarry as soon as you get divorce by the competent court.
4. You may get visiting rights only for the child for the time being.
In view of cost and time involved in court procedure you may consider to settle the matter amicably with the help of common friends/relatives.
Re: divorce & maintenance
Apart from your all legal queries I will advise you to forget everything and take your wife and child back.
Litigation is not the way out.
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