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Alex   15 February 2019

Can court for an individual for divorce?

Please note the following points:

1. I am married for 6 years and have 1 year son.

2. My wife earns 1L per month and spends for baby's expenses and pays 2 maids.

3. I earn 80K per month and spend on the rest.

4. I have been paying the home loan of Rs. 42000 and from last year ever since we purchased the house (I've bank statement to prove that). The borrower and owner of the property is my wife.

5. At the end of the month, I am usually left with Rs1000 or Rs 2000 in my bank. I have spent all my savings for down payment while purchasing the property.

6. Wife always brings up the issue that I am not earning enough and not capable of even feeding my child. Also keeps telling that I watch movies and eat in restaurants for free (she mostly pays these bills)

7. Now My wife and my in-laws do not want me to stay in the house which is in my wife's name (we both saved money for the house).

8. Through her behaviors and actions, she is trying her best to make me angry and instigate me to take action on her. (I have video recordings and audio)

8. I too am not satisfied with the relationship. However I cannot leave my son.

My questions are:

1. Can she or court force me to leave the house by giving XYZ reasons?
2. Will I need to pay alimony if she files for divorce?
3. Will I need to pay alimony if I file for divorce?
4. If yes, what could be the approximate amount in both cases?

Thank you.


 4 Replies

Alex   15 February 2019

I couldn't edit the title.

It is supposed to be "Can court force an individual for divorce?

Shashi Dhara   16 February 2019

U r in the world may be ,would be ,can beshall practical if she goes to court take opinion of local advocate and proceed.

Rajiv Thakur   16 February 2019

In my opinion, its good that you are collecting proofs and pieces of evidence, you will thank yourself later.
Average income, or to earn less than the spouse is no ground for divorce or for separation, moreover your income seems sufficient to maintain a house.  So I don't think that there is much in favour of your wife on this.
However, Indian wives have multiple legal tools- 498-A, Anti-dowry laws etc, but if you can prove in court (with supporting facts and evidence) that it's you who is aggrieved, you can easily avoid all subsequent consequences (alimony, maintenance). Also, you have strong base for the ownership of house, as you can prove that you are the one who is paying for it.
Custody of the child is little complicated, as the child is very small yet. Usually, small aged kids custody goes with mother only. However if you can prove that she is not taking proper care of the child, you can alter it.
hope it was helpful.

1 Like

Alex   16 February 2019

Thank you Sir for your reply. It gives me some hope.

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