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venkata Peddi (It consultant)     29 May 2012

Whether a lady can get maintainance without giving divorce

Dear Sir,

Whether I need to pay Maintainace if she won't accept for divorce?

As my wife and his lawyer are trying to tell me that they can get Mainatainance and they even never give divorce. We married in the end of 2007 and separated by 2008 end. Our leagal process started in end of 2009 and she filed maintainance case on march 2010 by asking a huge maintainance amount which is half of my that time salary.

Now though i am out of india I am not earning as before, but she is still demanding huge amount the case has not yet finshed and still it is running in family court. I have passed a message that I am ready for one time settelement if they give divorce to me, but they are telling they wont give divorce they will take maintainance from me. Is this possible?

 

Regards,

Venkat P



Learning

 5 Replies

Ranee....... (NA)     29 May 2012

yes.you have to maintain her if she is unemployed

R.K Nanda (Advocate)     29 May 2012

You will have to pay maintenance to her till the case is pending in court.

Adv. Chandrasekhar (Advocate)     29 May 2012

As long as she is unemployed, she is entitled to maintenance.  Even after divorce also she is entitled to maintenance till she is remarried.  Only if she left you without having any reasonable cause or she lost her chastity, then she is disentitled to maintenance.

venkata Peddi (It consultant)     29 May 2012

Hi All,

Thank you for providing useful information, I have one more question:

If husband ready to pay maintainanace and filed for divorce, can wife reject divorce case and also can get maintainace from husband?

Anjuru Chandra Sekhar (Advocate )     29 May 2012

While continuing to deny allegations raised by husband in divorce petition, and also rejecting to accept divorce, the wife can claim maintenance from husband.  The court may grant maintenance either from the date of order or from the date of application also.


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