Legal Question in Family Law in India
I want Divorce from my wife. My situation is as under:
Marriage of 14 years. Daughter of 12 years.
Doing business. Not having any immovable property. Showing icome of Rs.25000/= per month.
Recently there was a news that supreme court has given judgement that any one party (wife / husband) can file for divorce and they will get it.
Pls update the procedure.
3 Answers from Attorneys
what is the ground of filing the divorce. its not easy to get divorce unless the ground is made out andin your situation, you have a daughter as well and it is advisable to live peacefully for he sake of welfare of your daughter.
Your statement does not disclose any ground for divorce. There is no such judgement declaring that divorce can be sought just for the asking. The income of 25,000 being shown by you is not important. The court may award maintenance based upon 'standard of living'; and permanent alimony may be awarded on the basis of gross value of your total assets.
If you are found guilty of 'cruelty' and domestic violence on the basis of a complaint that may be made by your wife, you may also be directed to make payment of damages / compensation besides facing criminal trial.
you have no strong for filling divorce.
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