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How to get divorce if wife denies for it & how is alimony calculated


17-Mar-2023 (In Divorce Law)
i got child marriage and there is no proof of marriage. i have 7 years daughter that is only the proof so if we say the same thing in the court what would be consideration if she completely denies for divorce what will be the chances to get divorce because i want the divorce at any cost. i cant imagine my life with her and there is no possibility to survive with her if my salary is 80k what would be the maintenance can court decide?
Answers (4)

Answer #1
503 votes
Marriage photo n all other thing is also an proof of Marriage on your case n many thing come into pictures while deciding the alimony or Maintance mostly 40 percent or equal status as she was there in past
Answer #2
606 votes
CHILD MARRIAGE IS ITSELF A NULLITY UNDER THE LAW. YOU HAVE SEEK A DECLARATION THAT THE MARRIAGE SOLEMNIZED BE DECLARED NULL AND VOID BEING A CHILD MARRIAGE. SO FAR AS THE AMOUNT OF MAINTENANCE IS CONCERNED THE LAW IS WELL SETTLED THAT YOU HAVE TO MAINTAIN YOUR WIFE ACCORDING TO STATUS OF YOURSELF
Answer #3
677 votes
If you want Divorce you will get the same. Alimony depending upon how your lawyer planning to put your case. It's all about craft of a articulated lawyer. .
Answer #4
785 votes
You got child marriage is no ground for you to get divorce from your wife. If your wife denies for divorce you may file petition of divorce before family court under section 13 of the Hindu Marriage Act, 1955, but in that case you will have to prove the grounds mentioned in that section such as cruelty, desertion etc. The amount of maintenance will depend upon many factors, in your case if your wife will look after your daughter, then it may be 30 to 40 thousand per month. (you did not mention your religion, the answer is based on the assumption that you are a Hindu).

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