can i not give maintainence to my wife and child

Question

can i not give maintainence to my wife and child

28-Jul-2024 (In Divorce Law)

i am separated from my wife from past few years, we have 2 kids together, she is seeking maintainence from me,i have not given a penny yet , recently i got to know she is with someone and physically intimate too. can i easily get divorce on this basis and also avoid giving any kind of maintainence to her as well as kids.

Answers (5)

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Adv. Anurag Jangra Adv. Anurag Jangra

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Advocate Mukesh Kumar Sah LawRato · Accepted Answer · 2024-07-28T13:23:03+05:30

Answer #2

if you have any direct evidence of intimacy with another person,inthis circumstances you can not give any maintenance to your wife ,you can seek custody of children if you want . on the smae ground you can file divorce

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Adv. Mukesh Kumar Sah Adv. Mukesh Kumar Sah

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Advocate Ankush Chaudhary LawRato · Accepted Answer · 2024-07-28T14:05:55+05:30

Answer #3

what evidence you have you have to share it with court... if you proof it in court than you will get divorce easily.. and if after receiving court summon she didn't came at court dates than also it's good for you and in maintenance case also you have to prove that she is capibale to maintane herself.. contact us for free legal advice

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Advocate Jitender Singh LawRato · Accepted Answer · 2024-07-28T14:20:03+05:30

Answer #4

If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.

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Advocate Amit Sharma LawRato · Accepted Answer · 2024-07-30T18:26:49+05:30

Answer #5

Hello yes it's a case of adultery and you can approach court to get a divorce also as per section 13.1 ii in case sepration is more than 2 years without any justification and reason you can file for divorce. the other ground is in case she is earning and have some means to earn money, citing those reason you can deny for maintenance. hope this will answer your question

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Adv. Amit Sharma Adv. Amit Sharma

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