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Amit Tiwari   16 January 2023

Divorce related

if a man doesn't want to give divorce and wife wants to give divorce and is living in her paternal home with her child then is she eligible for maintenance?


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Quick Summary
This discussion addresses divorce-related legal queries in India. It clarifies that a husband is generally responsible for maintaining his wife and child, even if the wife is living separately. The eligibility for maintenance and alimony is determined by the court based on evidence. The thread also touches upon filing for divorce when one spouse is an Australian PR holder and the other is in India, questioning jurisdiction.

 4 Replies

Real Soul....

Real Soul.... (LEGAL)     16 January 2023

Either ways,,, you have to maintian your children and wife .. upon divorce the court willd ecide the alimony  but maintenance is the GIVE thing...

Advocate Bhartesh goyal

Advocate Bhartesh goyal (advocate)     16 January 2023

Husband is responsible to maintain his wife and child irrespective of the fact that wife is living sepatately without any reason.

Adv. Mohit Chahal

Adv. Mohit Chahal (Advocate)     20 January 2023

Dear Querist

The case can be filed by wife seeking maintenance for herself and minor child from the husband.

But the court needs evidences of certain facts before deciding the case on merits.

You need to consult a lawyer at this stage to prepare yourself regarding apprehension of certain other cases also.


Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


....
Rashmikant Bhatt

Rashmikant Bhatt   11 February 2023

As I have not found where divorce related query can be raised, I am representing over here. My daughter got married here in India to an Australian P.R.boy. who is from India. Marriage was performed and registered in India. Meanwhile my daughter got Australian work visa so she went to Australia. Now due to differences in thoughts,they have mutually decided to take divorce. My question is that,where we have to file divorce papers,whether in Australia or India? Please guide me legally.

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