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Alimony In Case I am not Ready for Divorce


10-Dec-2023 (In Divorce Law)
My wife and I are living separately for more than one year. She wants divorce but I do not as it will take me away from our daughter. I am doubtful whether our terms of mutual divorce will match. There is no evidence or history of violence or dowry. Hence, I want to know this - if she files for divorce on basis of alienation or separation, can she claim alimony even if I am tell the court I do not want divorce?
Answers (2)

Answer #1
856 votes
Alimony is depending upon the financial ability of yours as the court will try to assess your future income and also the marriage dowry if any and also the marriage expenses. But she may also proceed further for the monthly maintenance to meet the daily expenses. Firstly, if you can contest the matter for Restitution of conjugal rights and I hope you can see the success without paying any penny.
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Advocate Ashok Kumar

Adv. Ashok Kumar

LawRato Bangalore / Bengaluru | 50+ Answers
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Answer #2
501 votes
Dear Sir, It is very hard and time taking for her to get divorce on the ground of separation. You may file RCR saying that you are ready to continue married life in the best welfare of your daughter. Both the cases will be clubbed together and ultimately you will win. Better file Restitution of Conjugal Petition right now.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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