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Wife not living with me can she ask for maintenance


17-Feb-2023 (In Family Law)
Dear Sir I m Rajesh Srivastava. MERI shadi ke 8 YEAR se jyada ho chuke. 1 bachcha BHI NAHI ho paya. Patni ko leg me fileriya , TB ROG sath hi overian sist n felopion tube block hone ki vajah se bachcha NAHI ho paya. Pichhle 5 year se dava KARTA rAha. Sist ka operate Karaya fir BHI NAHI hua. Anyway bat ye hai ki patni ka hamare prati vaywhar BHI achha NAHI hai AUR pichhle 18 month se mayke me Hai,situation ke tahat kuchh sawal hai-- 1-hamari swasthay vibhag me sanvida par Naukri hai,Kya patni mayke me rahkar kharche ka dava kar legally kharche le Sakti hai. 2- Kya patni dwara dahej utpiran ka legally Kase karna sambhaw hai. 3- bachcha paida na kar pane AUR in rogo ke Karan,kya mai legally divorce Lena chahu to mil sakta hai
Answers (3)

Answer #1
705 votes
Apke pas do raste ha apni wife SE divorce lene ke. First ap dono agar agree ho to mutually concent SE dono parties appear hokar divorce le sakte ha. Agar apki wife mutually ready nai ho pati ha to ap apni side SE bhi divorce file kar sakte ha apke pas pura legal right ha apni wife SE divorce lene ka.
Answer #2
784 votes
You said above the ground for divorce is not maintainable by law otherwise you seek on those ground (said above) it may be used against you for cruelty .and lastly court shall order for maintenance her wife if she wants .your contract base service is only bases for determination of income .so in this suitation you have to maintain her wife .
Answer #3
902 votes
You can file a case for restitution of conjugal rights first under section 9 of the Hindu Marriage Act and then in case she doesn't come back, you can definitely file a suit for divorce on the grounds enumerated above. But as far as her filing cases against you, she can do the same but you will have to contest them.

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