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Wife right to maintenance and husband property can how to get divorce


21-Jul-2023 (In Divorce Law)
if husband and wife are living seperately for a time duration, divorce can be granted automatically? wife can claim on the property of husband's father ? if wife is having a job, then also can she get payment for her and child ?
Answers (2)

Answer #1
927 votes
As per your queston when husband and wife are living seperately for legal duration therfore they will be entitle for divor now you can hire good lawyer for your metrimonial matter so your question will drop
Answer #2
793 votes
Sir, you have asked three queries. lets go by first to last.
1. Living separately by husband and wife for long duration, does not mean that there will be automatic divorce. The reason is the same is question of fact and the parties has to get decree for divorce and there is no term like automatic divorce under the Law.
2. yes, there are certain provisions through which wife can claim property from husband's father. however, the procedure is lengthy and she can asked only in certain circumstances.
3. if wife is having job, then also she is entitled for maintenance for herself, however it depends upon the income of wife, if it is more than husband then she cannot claim, otherwise court considers the fact that such earning is sufficient for her maintenance or not. moreover, in every case, the husband has to pay the maintenance to child irrespective of income of wife.

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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