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Chakma Soon   30 August 2018

My husband want to divorce me

Sir, my husband is a defence service employment since 2014 but we got married in the year of 2012.Now we have two female children fisrt one is 7 yrs old and secound one is 5 yrs.My husband is always engaged with other girls, he irrited me,talking badly,beat me and not supported in financially also.Few days later i went to his duty location and i brief about this matter to his commanding officer.The officer took interview to my husband and my husband response that only he want divorce me with the maintainance allowance according to defence rule 30% of full pay(its maximum Rs.9500 something).It is too low for my two children and maintain family because we dont have owned house almost i am staying in bamboo hut.Due to this problem i want to complaint in district family court.Suppose if i win the case, i really don't know what will be the maintainance allowance, distribution of children & house property.Please Sir/Madam,i need your valuable advice urgently for my further action. Thanking you with best regard.


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 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     30 August 2018

Dear querist,

Maintenance amount will decided by District family court depending upon the income and liabilities of your husband. 30% rule is not applicable for in District Family Court.

Maintenance amount may go above or below 30% as per fact and circumstances of your case. Everything will be decided rationally


 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Chakma Soon   31 August 2018

Thank You so much Sir that you given me your valuable suggestion.

Samir N (General Queries) (Business)     01 September 2018

For women with children, it is not advisable to surrender to divorce and get maintenance. Better option is to refuse divorce and get Court to make husband pay for the maintenance of the children and the wife if he wants to live separately. This usually works better financially.  Court will also make provision for residence of children and wife. Also, there is a chance that husband will open his eyes after he is done fooling around, then take proper care of the children and wife. If divorced, the separation usually is permanent and children drift away from the husband permanently, in most cases. Conclusion: Stay married and get financial support or maintenance from the Court.

Chakma Soon   02 September 2018

a lot of thanks #Samir N sir...that you given me your valuable advise....i hope simillarly the court will be decided according to your advise

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