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Wife left with child and want divorce and money.
01-May-2023 (In Divorce Law)
We got married in the 2005 and have a son. In the year 2010 we had a dispute on a small issue and we have been separated since then. My wife says that she is not interested to stay with me anymore and wants lumpsum of Rs 10 lacs as settlement money for Divorce. My income is not that high, though i stay in my own house. also I have no intention of Divorce and wants to have my child and wife back.
You have not mentioned whether your wife is working or not, what are your wife qualifications? A working wife would not ordinarily be entitled to maintenance. however you are liable to maintain your child.
Let her file for maintenance and you should defend it proving your financial ability. Usually court orders, 1/3 of your income, and whatever the condition it is by law that husband has to maintain wife as per his standards, if she is not earning.
If you do not wish for divorce, file a restitution of conjugal rights petition asking the court to give an order to reinstate your marriage and conjugal rights.
Let her file for maintenance and you should defend it proving your financial ability. Usually court orders, 1/3 of your income, and whatever the condition it is by law that husband has to maintain wife as per his standards, if she is not earning.
If you do not wish for divorce, file a restitution of conjugal rights petition asking the court to give an order to reinstate your marriage and conjugal rights.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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