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chander mohan (ASI)     20 June 2014

Divorce and maitenance

Respected experts. I am chander mohan n pls clarify me following -

1. Can divorce be taken without wife's will. Means until wife is not ready to give divorce, even judge.cant force her to give divorce until and unless she is living in adultry etc.

2. If husband wants to keep his wife with him but wife refuses without any sufficient reason then she will get the maintenance if not working? 

3. Court while calculating the maintenance to wife, what amount of salary is being considered. Means only basic pay(excluding all allowances) or gross pay after including of all allowances.



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 4 Replies

Laxmi Kant Joshi (Advocate )     20 June 2014

1. it is very difficult to prove adultry and on that ground obtaining the decree of divorce is very-2 difficult. 2. if she didn't give sufficient reason why not to live with husband then court can refuse maintenance amount to her . 3.court calculate the maintenance amount considering gross salary but after reduction your liabilities from it .

chander mohan (ASI)     22 June 2014

Sir, my wife is living separately with me since 1 year without any sufficient reason. She has put condition to me that she can live with me if I ready to shift to faridabad (her home town) otherwise she will not live with me in my hometown (Delhi). After this I filed RCR in delhi during DEC' 2013. In turn my wife lodged FIR U/S. 498 A against me n my family member in faridabad in Apr 2014 . She also filed application for interim maintenance in Faridabad as well as in Delhi. I have been released on bail and my family members on AB. Trial under 498A is under process. During my first hearing of RCR, she refused to live with me in front of judge stating that I beat her etc etc but she could not produce any evidence in her support. My wife says that she will not give divorce to me and also dont want to live with me in my hometown. She only want to live with me in her hometown which I can not do because of my ailing parents. Now my questions are that:- 1. I heard that until wife is not ready to give divorce, husband can not get divorce. Is it true sir? 2. Though she could not produced any evidence regarding allegations she made against me n living separetely with me without any sufficient reason what are the percentage that court will reject her application of maintenance. She is not working now and have a baby of 5 months.

CGM (None)     22 June 2014

Get some things clear in your head. 

This is a very pushy, 498a female. Her thirst for dominance will not be satisfied even if you shift to her hometown. You'll be her dog for the rest of your life, wagging your tail at her will and command. She's not going to let you be.

You've already got 498a against you. She tried to send your parents to jail to. She does not deserve anything from you anymore. You don't owe her any sympathy.

I understand that you're feel a strong need for divorce, maybe probably you want to get married to another girl hoping that this one will be better. That's a false hope. It will only lead to a compromise in which you will pay through your nose to get into another relationship which might be as bad as this one.

Take a deep breath, and decide to fight. It's going to be a long fight, but you will win it if she has no evidence. Win your 498a battle, then file a divorce petition against her on the basis of cruelty.

It's wrong that you can't get divorce against her will. You can if you prove that she did cruelty to you. This can be physical as well as mental cruelty. Collecting evidence of cruelty can be difficult, but after you win the 498a case, you can file it on the basis that she made a false case against you.

For now, be patient, very patient. Your life has changed forever, and the direction where you take it now depends on you. Don't walk into another trap like this one.

Good luck

chander mohan (ASI)     22 June 2014

Thank u CGM sir for your valuable suggestion.

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