Civil Procedure Code (CPC)

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socially backward (Social worker)     19 November 2015

Need advice,divorce procedure

"The marriage is not working" can it be a reasonable cause of divorce?Here, husband and wife staying separately for five years,husband doesn't take care or provide financial support to his child.Wife is employed in this case.


 2 Replies

laxmi kant joshi (instructor)     19 November 2015

It is quite confusing whether you are husband or wife if you are wife then file case u/s 125 crpc for maintenance for the child, and also file divorce on the ground of cruelty and desertion, if you are husband then you can file divorce on the ground of cruelty and desertion, or sit together and be agree on mcd and get rid from eachother .

saravanan s (legal advisor)     19 November 2015

even if wife is employed she can claim maintenance from husband.the husband has to prove that she is earning enough to lead a comfortable life but he has to provide maintenance to the child till the child attains majority in the case of a boy child and till marriage in the case of a girrl child. the wife can file a case of divorce on grounds of desertion and cruelty and also the husband can file on the same grounds


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