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divorce

(Querist) 08 October 2009 This query is : Resolved 
can any one tell me about the under what circumstance can we file divorce petition filed and what is the limitaion period, and can any one explain when we can file maintainance petition and what would be the maintanance amount can be granted in the Andhra Pradesh
RAKHI BUDHIRAJA ADVOCATE (Expert) 08 October 2009
Yadav Ji,
I want to know more about ur case. U can contact me at : 09871158578/09711364956
After that I will reply to ur querries.
Sachin Bhatia (Expert) 08 October 2009
GROUNDS FOR DIVORCE

A petition for divorce may be presented by either the husband or wife for dissolving the marriage on the following grounds:

That the other party

1. has after the marriage had voluntary sexual intercourse with any other person; or
2. has after the marriage treated the petitioner with cruelty
3. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. has ceased to be a Hindu by conversion to another religion,
5. has been incurably of unsound mind or has been continuously or intermittently from a mental disorder that the petitioner cannot reasonably be expected to live with such a person,
6. has been suffering from a virulent and incurable form of leprosy,
7. has been suffering from venereal disease in a communicable form
8. has renounced the world by entering any religious order.
9. Has not been heard of as being alive for a period of seven years or more by persons who would have naturally heard of it, had that party been alive.

Sachin Bhatia (Expert) 08 October 2009
maintainance petition can be file at any time. Maintenance will be decided on take home salary and after considering your expenses.
Raj Kumar Makkad (Expert) 08 October 2009
the maintenance is not granted according to state to state but on the basis of income of the petitioner and respondent with relevant facts like other liabilities etc. There is no limitation to move for maintenance. So far grounds of divorce petition are concerned, Sachin has given those in detail, however, a sufferer better know what forced him to think to take such harsh step and actually that situation shall be the best ground to seek such relief.
Shivasurya (Expert) 08 October 2009
If you want to file divorce petition surely, you can surely gets go many grounds against the other either wifer or husband. you can file those grounds in your divorce petition and file the same. The learned expert Mr. Sachin Batia has given readymade grounds for divorce, you can choose any one or more grounds from it. With regard to maintenance I agree with the above experts
adv. rajeev ( rajoo ) (Expert) 15 October 2009
U can file the divorce petition on the ground of desertion, adultery, medical ground, Sachin has given you the grounds.
In the divorce petition u can file an application for interrium maintenance. U can also file maintenance case u/s 125 of Cr.p.c. maintenance amount will be awarded on the basis of the evidence and need of a lady.


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