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Re: divorce petition

(Querist) 02 January 2019 This query is : Resolved 
This is related Divorce petition filed by my friend’s Husband.

Brief of case:-
1. Allegation on wife is Mental cruelty (which all are baseless and very funny ).
2. No child from such marriage.
3. They both are living separately more than 3-4 years.
4. Wife is willing to stay together but husband not.
5. Wife is working women.

Queries are :-
1. If husband not ready to stay together then what remedy will available to wife?
2. Is Wife can refer Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017 – Judgment i.e 25% of Husband’s Net Salary just & Proper to be awarded as Maintenance.
3. Is wife get Permanent Alimony from her husband?

Thanks in advance..............
Vijay Raj Mahajan (Expert) 02 January 2019
Wife is working and her claim for maintenance shall be decided on the basis of income of both parties and their individual expenses. No hard and fast rule apply to giving 25% income of husband to wife if she has sufficient means to maintain herself out of her own income.
The rule apply to wife not having sufficient source to maintain herself.
Secondly if husband not ready to live and continue the marriage, no court can force him to do so. Best is for wife to go in for divorce by mutual consent after settlement of issues like permanent alimony and maintenance etc.
Arati Gawde (Querist) 03 January 2019
Nadeem Qureshi (Expert) 08 February 2019
Dear Arti
My opinion on your queries are as under:-

1. If husband not ready to stay together then what remedy will available to wife?
Opinion:- Wife may file a separate suit/Petition under Section 9 of Hindu Marriage Act-1955, if both the parties are Hindus or may file a counter claim for restitution of Conjugal Rights against him.

2. Is Wife can refer Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017 – Judgment i.e 25% of Husband’s Net Salary just & Proper to be awarded as Maintenance.
Opinion:- As the wife is also working than based on the status she may claim maintenance but if she is earning equal or more than husband than she will not be entitle to get any maintenance.

3. Is wife get Permanent Alimony from her husband?
Opinion:- as she is working, No. she is not entitle to get any alimony.
Feel Free to call



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