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Dinesh Sharma (AM)     06 October 2014

Maintenance allowance and divorce

Dear Sir's I got married in feb 2009 and facing a false case u/s 498a since 2011. She has also filed a case of 125.i want to know what is the criteria for deciding the maintenance allowance i.e MA based on basic salary or gross or net payable?? She has also filed MA for my 2 daughter of 3 yrs so once the amount decided is final or court will decide separate amount for mother and children's. Also what is the possibilty of divorce i.e Is there any citation available that if husband wife is not in relationship for a long time then can it be the base for divorce.


 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear, Court will decide the amount of maintenance depending upon total salary and standard of living she could have if she had been living with you. Court will also consider her qualification and her capacity to earn. Yes divorce can be granted.on the ground of desertion and cruelty. Adv kapil chandna, 9899011450.

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