Legal Question in Family Law in India
I am working woman earning 31k per month, husband is an engineer earning 43 k per month, am living with parents for last 2 yers as he filed divorce. Am fighting the case, had filed 498a and last yr im july filed DVA. Can i get maintenance. How much will be the amount, if I do not get maintenance then can the court order husband to provide a rented accomodation or take me bk,He is adamant of giving divorce bt i do not want a divorce..pls advise and do reply
2 Answers from Attorneys
there is not much difference in earnings of you both and even the husband has the responsibility towards his own parents. you may not get maintenance but you have the right to stay in the shared accommodation with your husband..i.e. with husband and his parents. you may seek residence orders in this regard. once you start staying with them, the divorce proceedings may also end gradually.
The court will consider divorce on the basis of material produced on record. A party seeking divorce has to satisfy the court about existence of valid grounds as specified in the Hindu Marriage Act.
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