Legal Question in Family Law in India

maintenance issue

I am a salaried person.My wife deserted me and went abroad.I am contesting the divorce case .Her period of desertion was 3 and half year and i had filed the divorce.The lady had rich and affluent life style after the desertion .She went for holidays to marutituous with kids (ihave proof of her hand written letter to afreind).She subsequently migrated to forign country along with the kids and satrted working their and children were put in expensive schoolingamounting to 6 lakh per annum fees.She would be frquent flier to india and go away without meeting me.After coming back to india ahe she is claiming that she does not want divorce.My question is she had upliftment in her life style after the desertion and she had many comforts excepting her husband with her.

will i have to pay maintenance to her my take home salary is 35 thousand and i have two kids who are with her and having expensive resedential schooling.How much will be the maintennace if at all .Can i contest the maintenace issue .Now i dont have any proof of her working.


Asked on 10/15/08, 11:24 am

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

Re: maintenance issue

well, you may contest the maintenance on the facts of evidence available with you; however, the court may consider granting her at least one third or half of your salary, if she is found spending NOT from her income but from her "other sources" including contribution by her parents family. If you marry a girl from a rich family, you may not be able to escape your responsibility to bring up the family.

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Answered on 10/15/08, 11:19 pm
Nandita Haldipur Haldipur Associates

Re: maintenance issue

if she files for maintainence then you have to pay for teh children for her if she is working you need not pay her maintaince teh amoutn will depend on your salary

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Answered on 11/22/08, 2:25 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: maintenance issue

you will have to prove her source of income in order to avoid payment of maintenance. as far as your obligation towards children is concerned, you will not be expected to pay rs. 6 lacs per annum as school fee as you urself earning 35k per month. if you contest her maintenance application, u stand good chance to avoid payment of maintenance.

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Answered on 10/16/08, 3:02 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: maintenance issue

All depends on the argument of your lawyer and judge's view. You can try to contest the case and maintenance will be awarded only after taking into consideration your salary and expenses.

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Answered on 10/16/08, 9:24 am


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