Need Divorce From My Wife

Please help me for this matter

During divorce you can be asked by court to give maintenance to your wife taking incomes of both of you into consideration. After divorce you can be asked to give maintenance taking incomes and properties of both of you into consideration. Your parents property will not be liable

Sandip, if you are married , then you have to give maintenance to her if you want to leave her. Your parent's property has nothing to do with maintenance amount. It is a misconception in many people that if the couple stay away from each other that a divorce is not needed or one does not have to give any maintenance. But it is a fact that legal divorce is necessary and maintenance amount fixed by the court has to be given. There is no other way out.

If this situation continue with two year, then is it will be helpful for me to get a divorce from her?

If this situation continue with two year, then is it will be helpful for me to get a divorce from her?because you have told that in a answer that i have seen in this forum that , if husbend and wife does not live together more than 2 year, then i will be able to file a case against her on the basis of cruenlty and other basis.If so, then what will be the major isuue upon which i could sace against her?

Be enlightened that if ur wife is also ready for divorce then both of u can take divorce by mutual consent ... where both of u decide the terms & conditions .... which is recorded by the court .... a 2 year separation will only entitle u to file divorce on the grounds of desertion ... for divorce on the grounds of cruelty the separation period is not required .... if u file divorce on grounds of cruelty and/or desertion .... and if ur wife contests the matter .... u mayend up paying maintenance .... & mind it u will get divorce only if u prove desertion and/or cruelty by your wife.

Mr.Dharmesh is right. The best option is mutual divorce, else in any other case you have to pay maintenance.

But only one way to save from maintenance is desertion or if u can prove that marriage is void.

Regards

adv.kamal.grover@gmail.com

Hello Sir,

Tnank you very much for your valuable advice to me reguarding this issue.But i want to know that what are the  issues that i have to prove in court to proove 'descertion' against my wife as she does not live with me now and i want to know that what is meant by descertion in a Hindu marriage life?

Please anyone can answer me on reguarding my last question?

If the wife left the matrimonial home without any reasonable excuse that amounts desertion. There is no nexus between your parents property and matrimonail disputes between spouses.  The best way is to obtain divorce on mutual consent if your wife is ready for that.

First talk to ur wife and if she is agreed then go for mutual divorce, else contact the local lawyer and he will guide you thoroughly.

Further, you may also file a case u/s 9 of HMA to get her back and if she refuse to come then it will be enough to prove of disertion.

Regards

adv.kamal.grover@gmail.com

Maintenance ordered shall be paid till she remarries. 

But in mutual divorce, u can pay lump sum amount and not need to pay in future.

 

Hello Sir,

If my wife claim some money and that have to paid by me monthly, then if i unable to give this money ?then what happen ?is i will  have to go to jail?then what should i do , if i failed to pay money every month?