5 years marriage 1 child wife hardly stayed with me how to get divorce

712 votes

You will have to apply for divorce on the grounds on dessertation. Since the child is 5, there are chances of you succeeding in getting custody. As far as maintenance goes, it will have to be contested and there are chances if you getting a positive result. Contact me for further assistance.

Advocate Sudarshan Desai LawRato

560 votes

I need to know some intricate details from you regarding your life story in order to find out whether a mutual consent divorce could be possible. In this case since you are working in another country you really can't file divorce on the grounds that she is not staying with your parents. Had she refused to cohabit with you then it would have been a different issue. In this case you yourself are staying away and she does not have a scope to come and stay with you. So once I know the complete story I will be in a better position to guide you as to which path to take.
As far as the compensation is concerned there are 2 aspects. One is maintenance which a woman is entitled to get during the time the court proceedings are pending. There are many judgments which can be resorted to in order to strike off maintenance since she is a qualified and working woman. The second aspect is alimony which is payable as a settlement of divorce that she is entitled to after the divorce. That the woman is entitled to claim. The quantum will depend on your income, assets and the facts of the case. Though there is no thumb rule some judgments suggest that a woman is entitled to 1/4th of her husband's assets as far as alimony is concerned but it varies from case to case. Since you have a child you will have to pay 50% of the child's maintenance and the alimony will be decided on the basis of the sustenance of both your wife and child.

Advocate Pipli Datta LawRato

761 votes

Hi,
You can file a divorce but you will be required to pay maintenance for your child on a pro-rata basis of you both's income. If your wife is sufficiently earning she is not entitled to any maintenance or alimony for herself. If she files her claim for compensation under Protection of Women from Domestic Violence Act (Criminal Case) and if she succeeds in proving danger and damage to her life, the court may decide compensation. In civil law, there is no provision to claim compensation.
Regards,
Mrs. Usha Tanna

LawRato LawRato