Legal Question in Family Law in India

myself and my wife are living separately for last one year due to marital dispute.

we were married for 12 years before that and have two sons.

elder one is staying with her and younger one with me.

She thinks I was cheating on her and I felt she was cheating on me and we were never able to clear the misunderstandings howsoever hard I tried (only I tried, she didn't ever).

Now we are fighting legal cases, I filed for legal custody of children and restitution of conjugal rights whereas she filed for maintenance under Domestic violence act. She doesn't want to stay with me and neither she is filing for divorce. She insists that I only should file for a divorce.

She is working and so am I? She owns parental property and I own a house in other city, which I bought some years ago, on loan and am still paying emi for the same.

My question is if she is not willing to live with me, can she still claim maintenace. If yes, to what extent? Her carry home salary is 12k and mine is 40k. currently i'm not paying aything to her, but she continues to possess all my household goods, my bank balance of 1pprox 3 lakhs, all jewellery given by my parents and relatives, and virtually everything that we had gathered in last 12 years of marriage during which she was working only for a year or so.

I'm still trying hard for a reconciliation with her and am willing to stay with her.


Asked on 10/14/10, 11:48 am

2 Answers from Attorneys
Devansh Bhardwaj Devansh Bhardwaj

If you seriously want her return back in your life then try to have talks with her and persue her. Secondly you can also ask the Court to reffer your matter to the RECONCILIATION CENTRE, where both of you can sit and talk in the presence of reconciliation officer who will help you to reconcile. Since she is also earning I dont think so you need to pay any maintenance to her for her maintenance.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 10/14/10, 8:59 pm
Vishwa Arya Arya & Co.

there may not be any maintainance for wife but you may have to contribute for the child with her. If you had intimated to the court about all what she has taken already, the court is bound to consider all these being relevant facts, and decide accordingly.

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Answered on 10/14/10, 9:28 pm


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