divorce
Nilesh Agarwal
(Querist) 20 September 2010
This query is : Resolved
respected sir,
my last few queries are
1.can i file for divorce if my wife do not stay with me.
2.if i demand devorce according to court what i suppose to pay in that concern.
3.in mahrashtra what would be the maintenance court will decide if my salary is 9000/-
4.if i apply for conjugal rights to take her back and she refuse to come back even then court grant her maintenance or not.
5.can she claim and get share from joint property,or she is elligible only for maintenance.
kindly clear this queries i will really greatful to you .
Adv Archana Deshmukh
(Expert) 20 September 2010
If there is 2 years continuous desertion then, you can file for divorce on the ground of desertion. Legally she can claim only maintainance and have no right to claim a share in the joint family property. However, if she is wilfully residing seperate from you without any justifying reason then, the court will not grant any maintainance. The quantum of maintainance depends upon your salary, liabilities and her needs.
Tribhuwan Pandey
(Expert) 20 September 2010
1. if she is residing separately without any reason since more than two year, on the ground of desertion you may file divorce petition.
2. she can claim for maintenance and Alimony pendente lite, this may depend upon her status and the cost of litigation.
3. maintenance is decided on the status and expenses wife and income of husband.
4. if she doesn't come back after court's order and live separately without any reason then she is not entitled for maintenance.
5. she can claim for maintenance only, but some times on certain circumstances court may grant share on the property of husband.
Uma parameswaran
(Expert) 20 September 2010
She has the right to claim the right over joint property up to the limit that the right her husband have in the same property.
