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pankaj verma   08 January 2018

alimony

is wife entitled for alimony if husband filed the case for divorce on cruelty and desertion.


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 8 Replies


(Guest)
Yes she is entitled for maintenance. But it depends upon facts of each case.

pankaj verma   08 January 2018

if facts of desertion and cruelty proved then....
is there any way to save from alimony...

(Guest)
If she files a maintenance case and a DV case against you then you will have to give her maintenance amount as decided by Court. Is she working?

pankaj verma   08 January 2018

no...but M.A. B.ED and husband Io+2 he also maintained her by 3000/month...as per court order. wife willfully deserted him and two times terminated her pregnancy.

Vijay Raj Mahajan (Advocate)     08 January 2018

If the wife is unemployed, non-working, doing nothing for earning her liveihood and has no means to maintain herself, just to avoid her destitute condition during the pendency of the pending divorce proceedings in the Family Court, the presiding judge of the court under section 24 of the Hindu Marriage Act,1955 or section 36 of the Special Marriage Act,1956 as the case may be and under which of these Acts the divorce petition was filled, can allow interim maintenance for the limited period till the case is decided and expenses of proceedings to the wife, irrespective who has filed the divorce proceedings.

Her educational/professional qualifications definately will be taken in to consideration by the court, but if at that point of time she is unemployed and no source of income she will get interim maintenance order.

Dr J C Vashista (Advocate)     11 January 2018

1. Your account stands deleted.

2. What is the advise of your tutor?


(Guest)

Whether your wife entitled for alimony or not, to get her alimony,

she needs to have good advocate.

if you dont want to pay, for that yo uneed better advocate than her advocate.

Ritu rawat   29 January 2018

If wife working you can save on maintenance and alimony. If she was working previously and wilfully not working, and it is established in the court along with the cruelty and desertion..then also you can be saved...also try to show your income as low as you can..

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