Subbarao (othere) 05 July 2016

Advice for divorce

Hi Respected Lawyers,

My self & My wife are living separately since one year. My son is 14 years old staying with me.We have separated due to her igo issues. Always she is coming to my home and doing nascence .She is not giving me divorce .I am willing to take the divorce from her but she is saying If I initiate the processes she will also proceed further. Couple of years back I went for major surgeries my income was going to EMIS. She is earning more than me and not giving me a single penny to my child.

Can you please advise me how to proceed further on this matter?

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4 Replies

Vibha 05 July 2016

Since she is earning more than you, she is required by law to pay 50% expenses of child. She is not eligible to claim maintenance support from you.
You can file divorce on grounds of desertion and cruelty.
There are provisions in law for wife that she falsely can use against you without repercussions (that's why women find it tempting to use them.)
It is not prudent to spoil your life in fear of these provisions. They can be defeated, biggest issue for men in such battles is paying maintenance, but in your situation it won't apply.

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Advocate Ram Prasad (Chief Lawyer) 05 July 2016

Vibha has put right advice now get a lawyer to live in peace......... Cell 91777-22930

Mukesh sharma (job ) 06 July 2016

Hi i agree with vibha

if your wife earning more than you than she cant file for maintaince and you need to file case for divorse and also for custody of your child too

thnks

Lovedeep Singh Sodhi (Advocate) 06 July 2016

Also try to show the income of your wife if possible. If you are not able to then send the summons via court to the org. in which she is working that will make it crystal clear.