Legal Question in Family Law in India

Sir,

My wife filed divorcee against me ,i am also interesrted in the same,but my friend suggested me to not to express my interest in divorcee,rather suggested me to file counter affidivit in person stating as if i am still not interested in dissolving the marriage but rather want to continue the marriage ,in order to avoid maintanance decre by court,she is highly educated and job holder ,kindly suggest me the course of action i should take.

thanks and regards,

Rajiv


Asked on 11/06/11, 1:22 am

3 Answers from Attorneys
Anil Kumar Sharma JurisTree

Your friend is wrong and seems to be mischievous. it does not work in law. Please go for Mutual consent Divorce and mention in the affidavit and petition itself that all disputes have been settled with regard to permanent alimony and no further maintenance is to be claimed by any of the spouses.

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Answered on 11/06/11, 1:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Rajiv: Maintenance and divorce are on separate footing; You may be liable to pay maintenance without divorce also and after divorce also, IF your wife is found entitled to such claim.

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Answered on 11/06/11, 10:37 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

I disagree that she could file a petition for maintenance as 125CrPC protects those wives who are unable to maintain themselves. So maintenance petition by her is out of question. However she could file false cases u/s 498A /323/307 IPC and also under Domestic Violence Act. hence you should not waste time and file a joint petition of divorce by mutual consent. For clarifications feel free to contact the undersigned.

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Answered on 11/12/11, 5:05 am


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