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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     15 October 2012


Dear Experts,

Can anyone guide what precuations are required befiore filing case of divorce for NO Maintenance to wife.

facts are as under:

Girl had left 2.5 years ago without reasonable cause

She was cruel also

She was already divorcee

Boy was widower

She was creul with husband his child from earlier marriage,wervants and other family members of boy.

Girl and her parents are not responding to sms, mails, phone calls etc. and just say we dont want to talk even their own relatives have trioed their best but they all are very adamant and of course have experience of litigation has in her first diovorce she had filed all the false cases of DV,Dowrty etc. and her ex husband had to go to jail for many days.

She took Rs.20 lac from them in first divorce which are lying in FDR.

She is working somewhere which she admiited 2 years ago on mail and may be getting around Rs. 20-25000 per month but she may be taking salary in someone elses name which she did in her first divorce case also when she took money in her relatives name .

Boys net take home salary after all deduction is around Rs. 55,000 and he has one child to be maintained and old ailing mother also.


Please advise how to go about for filing case of divorce, how to ensure no maintenance etc.


tx and regards




 6 Replies

Rahul Kapoor (Legal Enthusiast)     16 October 2012

. you have to show her working status.. this can be done by geeting a copy of her bank pass book as many as evidence against her working status..

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 October 2012

If husband files divorce on the grounds of crelty and desertion and wins the case then will he need to pay alimoney or not.


Please advise

Sandy12345 (none)     30 October 2012

If husband get a decree in divorce case on the grounds of cruelty & desertion, there is no need to pay alimoney.

but husband have to pay maintenence till the time she will not get married again. or you prove that she is earning 

or living in adultery.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     30 October 2012

Suppose she decided not to re marry or she do not find any proposal as this was her 2nd marraige and 3rd time it may b difficult then still 2nd husband has to make payment of maintenance for whole life with his any fault and the fact that she has already taken alimoney and life maintenance from her first husband.

Siv (engineer)     30 October 2012

Find her first marriage alimony amount details from court.... then use that in your favor.You may consider to marry another women, preferably divorcee with alimony, so that you need to pay only one maintenacne to wife (either latest wife or the second wife) ... sorry to say this but the present system is forcing us to think in this way.


Sorry man, but make sure that your child is happy and let him/her no to fact the problems that you face at this momenet.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 October 2012

Maintenance comes in picture twice in divorce petition.


Maintenance Pendente Lite (maintenance during the pendency of litigation), this is solely based on income and status of the parties and has no bearing on the reasons why divorce is sought.


Then Alimony/ Maintenance post divorce till she remarries, the conduct of the parties are relevant here.






Shonee Kapoor

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