Legal Question in Family Law in India
Sir, my collegue's wife left him about 8 years back, and brought an order for recovery of maintenance of Rs.4000 per month. The amount is being paid by my employer (Govt. Job) to her every month. She does not come and live with husband, and she does not go for divorce. Without doing any service to husband she is getting Rs.4000 per month and living separately for the last 8 years. They have a 17 years old son (only child) who stay with father. Now she has applied for enhancement of maintenance. How long she has to be paid this type of maintenance ? What is the course of action for the husband. He wants to take divorce and go for another marraige. She is not doing any service and just getting money every month by staying elsewhere. What is the course of action to be taken by the husband. After 2 years of separation whether the husband can file divorce petition on the ground of dissertion. She has no intention to stay with husband, but wants 1/2 salary of the husband every month. How many years this type of harrassment can the husband has to face ? What is the course of action left for the husband ? advice
2 Answers from Attorneys
She will get maintenance, even divorce granted, as per law. She is entitled to get maintenance until she remarries. To avoid maintenance you have to declare the marriage as null and void. But no way. Both have son. So cannot deny the paternity.
why husband is not tsking any action against her. there are several ways to favour him.
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