divorce
chander mohan
(Querist) 19 October 2014
This query is : Resolved
Good evening all.
I am contesting divorce case with my wife. Divorce is filed by me on ground of mental cruelty. She don't want divorce. Now my question is :-
1. Have I to pay alimony to wife if win contested divorce?
2. Are both judicial separation and divorce same or have different meaning?
3. Can she claim right on house which is in my name?
P. Venu
(Expert) 20 October 2014
Is she employed or have her own source of income?
chander mohan
(Querist) 20 October 2014
Venu sir. She was working in pvt company where she was taking 12000 but due to her recent delivery she is in rest. She is capable to earn.Out of the wedlock we have 10 month girl baby
Devajyoti Barman
(Expert) 20 October 2014
1. Yes
2. different
3. No matrimonial suit but yes in PWDV Act case.
Rajendra K Goyal
(Expert) 20 October 2014
1. Depends upon the relief sough by her.
2. These are different.
3. She can not claim.
V R SHROFF
(Expert) 20 October 2014
1. Have I to pay alimony to wife if win contested divorce?
Ans:YES
2. Are both judicial separation and divorce same or have different meaning?
Ans: DIVORCE CUT OF RELATIONSHIP OF H-W, SEPN DO NOT.so different
3. Can she claim right on house which is in my name?
Ans:YES in short future [ 50% but not yet sent GR pending] + in DV case yes, too.
+ if she apply , u hv to pay mtn for both immediately..
ajay sethi
(Expert) 20 October 2014
agree with experts
chander mohan
(Querist) 20 October 2014
Thanx all for your advice.
T. Kalaiselvan, Advocate
(Expert) 21 October 2014
If she has sought maintenance amount by filing a separate application before the same court in the divorce case itself, based on the circumstances, the court at its discretion and on the basis of the facts before it, shall pass orders for maintenance accordingly. Though she cannot claim a right to a share in the self acquired property of yours, she can very well seek residential rights.
malipeddi jaggarao
(Expert) 25 October 2014
What are the grounds - cruelty - you have not elaborated. You have a 10 months old baby out of the wed-lock. How old is your marriage? Try to save the marriage in the interest of the your daughter.
