Legal Question in Family Law in India
my wife has complained in woman cell against me and my family members on false charges and not fulfilling her conditions,she has given extremly inflated / false list of stridhan / dowry/cash. We both govt. servants, but she is earning more than me. She is ready for final settlement if she is given compensation of good amount along with false more from her false lis through woman cell but I cannot pay so much compensation. I want to know if she files case for divorce:
(i) can she claim alimony or compensation? or
(ii) Can she claim maintenance ?
(iii) Does case for divorce means 498 ?
(iv) in what situations a woman can claim alimony /compensation /maintenance
2 Answers from Attorneys
as she is earning more than you, there is little chance that she can claim maintenance or alimony. at the most you have to return her stridhan and she is not entitled to any compensation unless you treated her badly. 498a does not mean divorce. for divorce you need to file a petition. 498a is a criminal case.
(i) to (iii) No. However, she is entitled to recover her "istridhan".
(iv) A woman may be entitled to maintenance from her husband when she is not earning sufficient to maintain herself as per the "standard of living" enjoyed by her at the time of separation.
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