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chander mohan (ASI)     19 October 2014

Divorce and maitenance

Good evening all. I am contesting divorce case with my wife. Divorce is filed by me on ground of mental cruelty. She don't want divorce. Now my question is :- 1. Have I to pay alimony to wife if win contested divorce? 2. Are both judicial separation and divorce same or have different meaning? 3. Can she claim right on house which is in my name?


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 1 Replies

Satyadarshi Kunal (advocate)     19 October 2014

Dear Chander,

1. Whether, you have to pay alimony or not depends upon various circumstances including the employability of your wife, falseful statements given by her before the court etc. There are several ways out to evade the alimony. I suggest you to consult your lawyer with your complete details of your financial situation including the movable/immovable properties you own. Alternatively, you may also contact me on my number 9555322277 or write me to my email- satyadarshi@outlook.com if you want a detailed advised based on the exact situation of your case.

2. Judicial separation and divorce are not same. Judicial separation does not bring an end to the marriage whereas latter does. Judicial separation is intended towards saving the marriage whereas divorce tends to the end of marriage. However, in Practical parlance, Judicial separation is sought out to create a strong ground for divorce.

3. Ideally she can very well claim so. But again, I need to know many intricate facts of your case before you coming to the exact answer.

 

Regards

Satyadarshi Kunal


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