Wife living separately for over 3 years, asking for maintenance

972 votes

Ur first step to file a application for come back to me and stayed with me at home then I will pay the maintenance amount to you or file a divorce if u want to separate from her there is only this solution

Advocate Akhil Verma LawRato

592 votes

Dear client ...
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.provide the full disclosure of facts so that proper assistance provided to you

Advocate Sanjeev LawRato

930 votes

You file for restitution of conjugal rights first as it will help you in showing the court your Authenticity and you do one more thing you file a complaint to the police regarding the attempts of the suicide being made by the wife time and again . Since your wife has been harassing you by thretaning you to commit suicide you can file the divorce also on this ground

Advocate Suneel Kumar LawRato

789 votes

The Supreme Court has recently held (July 2014) that it is the sacrosanct duty of husband to provide financial support to separated wife unless there is an Order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible ground. However, previously the SC has also held that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance.

Hence, your remedy will entirely depend on your position factually, under what circumstances the separation took place and the status of the wife, etc.

Advocate Mishika Singh LawRato

960 votes

Since your wife is living away from you for the last 3 years, you have a good ground to aproach the court for divorce on grounds of desertion and cruelty. If you can show that she has deserted you of her own will and not for any reason you can be held responsible for then there is law that she is not entitled for maintenance.

Advocate Aditi Gupta LawRato

691 votes

Hello, According to s125 maintenance is eligible in case wife if not working, a child cannot maintain herself so she supposed to get it. You can file divorce always. For any other legal help kindly revert back.
Jayatee Chatterjee

Advocate Jayatee Chatterjee LawRato