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What remedies are available for husband in divorce case
26-Jul-2023 (In Divorce Law)
Is there any law in India for divorce where some relief will be given to male if the divorce case been registered after 7 years of marriage.
As per your query, no there are no particular laws to give relief to men once a divorce case has been filed against them.
The options that the men have in such cases is either section 9 of Hindu marriage act which talks about the restitution of conjugal rights or anticipatory bail in case you feel your wife might file a Domestic violence case against you.
You can also apply for child custody in and the court might grant you custody of your children if they are above 7 years of age.
Also, in case you are nit earning and your wife is earning then you can demand maintenance from your wife.
Quantum of maintenance depend on several facts:
1. Your income ,liabilities, expenditures.
2. Your husband income ,liabilities , expenditure.
3. Duration of marriage.
4. Any child from wedlock & His/Her CUSTODY .
5. Both spouse social status prior to marriage and after marriage.
From above facts, Compare yourself and judge where she is liable to pay you maintenance or not.
an assumption:
1/3 of take home income is considerable amount for maintenance. If your take home income is lower than her 1/3 take home income then you can seek relief under 24 HMA if any seperation or sections under HMA is running.
The options that the men have in such cases is either section 9 of Hindu marriage act which talks about the restitution of conjugal rights or anticipatory bail in case you feel your wife might file a Domestic violence case against you.
You can also apply for child custody in and the court might grant you custody of your children if they are above 7 years of age.
Also, in case you are nit earning and your wife is earning then you can demand maintenance from your wife.
Quantum of maintenance depend on several facts:
1. Your income ,liabilities, expenditures.
2. Your husband income ,liabilities , expenditure.
3. Duration of marriage.
4. Any child from wedlock & His/Her CUSTODY .
5. Both spouse social status prior to marriage and after marriage.
From above facts, Compare yourself and judge where she is liable to pay you maintenance or not.
an assumption:
1/3 of take home income is considerable amount for maintenance. If your take home income is lower than her 1/3 take home income then you can seek relief under 24 HMA if any seperation or sections under HMA is running.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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