quesTaking divorce from wife. Am i liable to pay alimony that she wants?

If I am the one seeking divorce out of me and my wife, will I still be liable to pay her the alimony that she wants? After been married for 3 years my wife left me 11 months ago. She is working and we have a 2 year old child. Now she just doesn't want to come back.


We have had no contact, of any sort, for the past 11 months now. There is nothing left between us and I clearly want a Divorce.


  • ans


    In this situation we would recommend that you should speak to your wife and jointly move a petition for divorce by mutual consent. The benefit of this is that you both can agree on the terms and conditions of the divorce and be divorced within 6 months.


    If she doesn't agree for divorce by mutual consent then you shall have to file your case under the other heads of Section 13 of the Hindu Marriage Act to seek divorce. (We can guide you in this aspect, once you provide us with the facts in detail)


    Even if you are the one seeking divorce, you are liable to pay maintenance to your wife, however as you have stated that she is working, therefore the Court shall give due consideration to the same while deciding the maintenance amount. The idea behind maintenance is to restore the women to the financial condition she was living in before the divorce, so in case you can prove that she doesnt require maintenance then you can reduce the amount to as little as possible.


    Furthermore, you shall also have to file a petition for the custody of your 2 year old child and in case this is decided in her favour, then you will be liable to pay for the maintenance of your child as well.


  • File Mutual Consent Divorce @ Rs. 25,000/- only

    Know More
  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

I married in Christian marriage and we got marriage certificate from Church pastor... marriage is…
Can we file defamation & compensation,if divorce petition(which is reasonless)not proven by the petitioner.if so…
I have filed domestic violence case against my husband & in laws (including brother in…

2 years of marriage , husband is major in army , mentally and physically tortured…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly