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Karan (NA)     29 December 2011

Maintenance on desertion

HI;

Can you give your feedback on this.

Wife deserted say for 2 years.

Divroce is applied on this ground.

If divorce is granted based on desertion, Does WIfe after divorce eligible for maintenance ?
 



Learning

 7 Replies

dr.pawan rajyan (member and secretory)     29 December 2011

yes..................whynot?

rahul (director)     29 December 2011

after divorce she can ask for maitenence u/s 125 CRPC.

but its not easy as you think that 2y desertion for divorce.

she will file maintenece meanwhile and your divorce will standstill.


(Guest)

Wife is eligible for maintenance till she re-marries.

 

If you can prove any of the following (list is not exhaustive),little / no alimony to wife.

  1. She is having s*xual relations with others
  2. Working and well qualified
  3. She her self doesnt want to join husband's company
  4. Cruelty

N.K.Assumi (Advocate)     29 December 2011

I dont think any court in India will allow any wife to reap the fruits of her wrongul acts and immorality as pointed out by never give up.

sridhar pasumarthy (ADVOCATE)     29 December 2011

Karan,

I disagree with others.  If wife deserts the husband without any reasonable cause and divorce is granted on the said ground, then she is not entitled to maintenance.

1 Like

tarun (lawyer)     29 December 2011

i agree with sridhar

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Alimony after divorce would depend upon the conduct of the parties too.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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