Divorce
prabhudas gajjar
(Querist) 17 November 2015
This query is : Resolved
Dear Sir,
I was married in 1973 and my wife left my home in 1975 due to my small house.she was demanding a seperat house as i have responsibility of my mother and younger brother my father was expired when i was 6 year old and my bother was six month old.today i am 70yeras of age she filed case of maintainance in 2009 and i am paying sum 3500/=p m.i have come to know that the mumbai high court and a supreme court ruled that along seperation like 30 to 35 years she is not entitled to get maintainance.is it true and the said is beneficial in my case? i have no chiled and have letter writen by her that"when you purchase new house than i will come."but lack of income i am unable to purchase the house and has get house from co operative society and have to pay due of insttalment of rs.2,00,000/= kindly guide me and obliged.
Santosh Goswami,Advocate
(Expert) 17 February 2016
Maintenance can be filed at any stage but you have made a mistake by not using the letter in your maintenance petition. Desertion is deliberate on her part and it is not reasonable. Therefore, she is not entitled to maintenance. But it can still be rectified.
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