dhruv (other) 30 March 2014

More maintenance/alimony if ask for divorce

Dear experts please answer following:

- If husband applies for divorce, does the court give more maintenance/alimony to the woman instead of whether wife applies for divorce?

- Is there difference in maintenance before divorce ( i.e. when DV or crpc 125 cases are going on) and after divorce?

- If husband provides a place for the wife to stay after divorce (without transferring the property to her) along with maintenance is it enough ?? Or the property needs to be divided after divorce mandatorily?
(I read and heard some places that as long as husband is providing shelter and money regularly to wife then division of property and bank balances are not necessary. Is this true)

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Gautam Kapoor (IT professional Studying Law) 30 March 2014

@Dhruv -

- If husband applies for divorce, does the court give more maintenance/alimony to the woman instead of whether wife applies for divorce? -> the point which will be decided is wilful desertion,wife not able to maintain herself.. destitute.. indignt.. etc ,, etc...

- Is there difference in maintenance before divorce ( i.e. when DV or crpc 125 cases are going on) and after divorce? ->before divorce and pending final maintenance, court may provide interim maintenance,, not a hard and fast rule.. depends on various factors..;you have a kid,, wife is unable to contest case,, indigent,,destitute.... etc etc...all needs to be proved.

- If husband provides a place for the wife to stay after divorce (without transferring the property to her) along with maintenance is it enough ?? Or the property needs to be divided after divorce mandatorily? -> NOT NECESSARILY.. providingg apt maintenance is enough..

(I read and heard some places that as long as husband is providing shelter and money regularly to wife then division of property and bank balances are not necessary. Is this true) -> TRUE..........But the opposite counsel may argue otherwise...

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