Legal Question in Family Law in India
Sir If i file a restitution for conjugnal rights to get my wife back at my house.......but even then if she is not willing to come back then can she demand maintaineance after the case is been transferred to divorce??????if yes then on what ground and how much???? here its important to say that I also got a daughter 4 yrs old who is right now staying with her at my In laws house..........
1 Answer from Attorneys
as visitation of child is your right, maintainance is her right. she is entitled to maintainance whether or not you file for restitution. however, your liability will be from the date she applies for it. you may not have to pay if you could prove that she left without any rhyme or reason and failed to join you in spite of your repeated request. that is why, restitution of conjugal rights comes as a rescue.
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