LawRato

Alimony /maintenance and repercussions


16-Mar-2023 (In Divorce Law)
I and my wife have a physical fight.she was minorly injured,she also hit me .she filed police compliant (not FIR) and took back complaint.we have one baby boy of 4.2 years old .she then left the house and took all her belongings. it has over a month now.I tried to speak but she was adamant. She will not give divorce not will return back.My relatives spoke with their relatives and her relatives gave the impression that they will ask for money (maintenance or alimony).I have child,Mother,father ,sister.Parents are pensioners and sister is dependent.wife have her father only in her family and currently residing with her.Her father is pensioner and she have started job in feb 2023.My salary is approx INR 90,000 and i have flat in my name in which may parents gave approx 30 lakh and total value of flat is approx 43 lakh on registry.Her salary is around INR 23000 and her father is pensioner.1) Can she get maintenance.2) Please advise what should I do - can I sell flatnHow can I avoid
Answers (2)

Answer #1
860 votes
dear client as per your query I can only suggest that as no legal proceedings have been initiated yet so for now you can only file section 9 to get some relief as we can't go on prediction by what the family members are saying as it's not on record if you will file sec 9 then in her written statement the picture will be more clear about the intention for future paid consultation please contact us with your relevant documents.
Helpful? LawRato LawRato
Answer #2
817 votes
on the above mentioned query the legal opinion from my side is that your wife can't get maintenance from you because she earn sufficiently for their maintenance. Secondly you have to be file a plaint under section 9 HMA against her in concerned family court for your defence
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."