quesWife wants divorce after 13 years of marriage.

My brother got married in 1999. He had a son after 13 years of marriage. Wife remains mostly unwell. My brother drives a cab and earns very less. The son is just 2 year old. He is a regular drinker also. His wife now wants a divorce. What can we do so that she does not get any alimony and maintenance.

  • ansAs per section 125 CRPC, your brother is liable to maintain his son and wife. However if the Wife is educated and can work then court may refuse her maintenance. However with respect to his son, till the child attain 18 years, father is legally bound to maintain the child.

    We suggest you to file a Mutual Consent divorce wherein your brother and his wife can amicably decide the amount.  Further, this process is faster.

  • ansAs per section 125 CRPC, your brother is liable to maintain his son and wife. However if the Wife is educated and can work then court may refuse her maintenance. However with respect to his son, till the child attain 18 years, father is legally bound to maintain the child.
    We suggest you to file a Mutual Consent divorce wherein your brother and his wife can amicably decide the amount. Further, this process is faster.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • ansThere is no provision in law to stop the maintenance claimed by the wife,of the wife is claiming divorce then you have contest the petition in the court,for the maintenance part you brother is liable to pay maintenance to the son and the wife.You can only take defense that he earns less so the amount of maintenance decided by the court would be less

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • 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.
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