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How do I safeguard myself against my characterless wife harassing me
07-Mar-2023 (In Divorce Law)
Can I safeguard myself against my characterless wife who wants to file a case for maintenance?
We got married in 2013 and we have no kids. It’s been 6 months that she’s staying at her mausi’s place. The only proof that we have is a voice recording of her with her boyfriend. The other proof that we have are hotel records where she regularly checked in with her male friends.
Now I think she is waiting for me to file a case for divorce against her. She wants to claim alimony and maintenance money from me. What can I do?
Assuming you are hindus,
If you are unable to work out your marriage problems you can file for divorce under section 13 of the Hindu marriage act.
Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:
Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.
And according to your situation your divorce case would come under section 13(1)(i) of the Hindu marriage act.
The recording of phone calls and hotel bills would be of additional help in filing for divorce.
Regarding maintenance few things need more clarity.
1. If your wife is earning?
2. If so how much more or how much lesser than the husband?
Purpose of Maintenance is to provide support for a spouse as nearly as possible at the standard of living he or she enjoyed during the marriage and to prevent the spouse from becoming a public discharge. Also there are a few judgments that lay down that if the wife earns more than the husband, then the wife cannot claim maintenance from the husband.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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