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Hi. How to get divorcewife asked maintenance only and may b


26-Apr-2026 (In Divorce Law)
Hi. How to get divorce wife asked maintenance only and may be she didn't agree to give divorce and what husband can do to get divorce from wife .
Answers (5)

Answer #1
630 votes
Hello sir, Even if your wife is asking only for maintenance and is not agreeing for divorce, you still have legal options. you can proceed with a contested divorce on valid legal grounds. At the same time, the issue of maintenance will be assessed separately by the court based on both your incomes and circumstances.
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Advocate Saroj H. M.

Adv. Saroj H. M.

LawRato Bangalore / Bengaluru | 100+ Answers
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Answer #2
959 votes
Under Indian law, a wife can claim maintenance via *Section 125 CrPC* without seeking divorce. Courts often award 20-30% of husband’s net income. If the husband wants divorce, he must file a *contested divorce* under Hindu Marriage Act grounds like *cruelty* or *desertion* for 2+ years. Mutual consent isn’t possible if wife refuses. Divorce filing doesn’t stop maintenance — interim support under Sec 24 HMA/Sec 125 CrPC continues. Husband can reduce it by proving liabilities, dependents, or wife’s income. Strategy: contest Sec 125 with financial proof, consider *Sec 9 RCR* to show desertion later, then file divorce with evidence. Non-payment of court-ordered maintenance risks arrest. Consult a Bangalore family lawyer.
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Advocate Praveenkumar S

Adv. Praveenkumar S

LawRatoBangalore / Bengaluru | 5+ Answers
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Answer #3
924 votes
Dear Sir ​If a wife refuses to give consent for a mutual divorce the husband must file a petition for a Contested Divorce under the relevant sections of the Hindu Marriage Act or the applicable personal law such as the Special Marriage Act The husband must establish specific grounds for divorce
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #4
777 votes
hi sir why divorce is required first u clarify with your wife..mainly if wife is working then you no need of worrying about maintenance to her your seeking divorce any particular reason.....if you have kids means you need to bear expenses
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Advocate Vanitha

Adv. Vanitha

LawRatoBangalore / Bengaluru | 25+ Answers
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Answer #5
521 votes
in this case the husband has to file a petition for divorce against the wife and he has to prove the grounds of divorce like cruelty, desertion etc after which the court will grant divorce, unless you file the petition no divorce will be granted.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRatoBelgaum | 25+ Answers
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