DEBJIT GHOSH (SERVICE) 16 March 2023

Divorce on long separation.

I am at the age of 55 and a PSU service holder at the managerial level. My wife is separated since 2007. She is a working lady and works for a central government academic institute in the capacity of a Professor. We have a boy and a girl. Both of our children have crossed 18 years of age. Our children have excellent academic records and receive academic scholarships. Since separation, our children are under the custody of my wife. My wife barred me to visit my children. But I bear regular maintenance of my wife and family. Even after that, my wife files multiple court petitions on the ground of maintenance enhancement & execution. My wife does not agree to give me a mutual divorce.

Can I file a divorce petition on the ground of long separation and mental cruelty?

Shall I be free of legal liabilities of maintenance, if I get a divorce order?

Can my wife claim my properties, part of my salaries, retirement benefits, and other assets, if I file a divorce petition of my own?

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 16 March 2023

You can file a divorce petition on the grounds of desertion and cruelty.

Since your children are major by age they are not entitled for miaintenance amount from you.

Your wife is also an employee and drawing a handsome salary, she is not eligible for maintenance.

You can deny to pay maintenqance oin the above said reasons.

Advocate Bhartesh goyal (advocate) 17 March 2023

Yes, you can file divorce petition on ground of desertion and cruelty.

Since your wife is earning woman and has sufficient means to maintain herself so she is not entitled to get maintenance from you however your children are entitled to get maintenace from you.