Husband want divorce but wife don't want divorce.

983 votes

Based on the facts shared, your husband cannot obtain a divorce merely because he is demanding one. If you do not consent, he will have to prove valid legal grounds before the Family Court. You have the right to contest the divorce proceedings. Regarding maintenance, there is no fixed formula. The Court considers several factors, including your husband's actual take-home income, your income (if any), your reasonable monthly expenses, standard of living during the marriage, and other liabilities. Depending on the overall facts, you may seek interim maintenance as well as permanent alimony under the applicable provisions of law. Permanent alimony may be granted either as a lump sum or as periodic payments, depending on the circumstances of the case—it is not automatically granted for life in every case. For proper legal advice, kindly share details such as the duration of marriage, whether you have any children, your employment status, and whether any case has already been filed.

Advocate Atanu Patra LawRato

998 votes

you can get maintenance until and unless you are seeking for divorce. in the meantime you can prefer an application for maintenance before the Ld. court explaining your livelihood. after going through the relevant income and court appearances if the Ld. court satisfies you will be entitled to monthly maintenance. for more information, kindly contact

Advocate Subarna Bank LawRato

738 votes

maintenance is generally 1/3 of the salary depending upon other crucial factors. this is not a formula but depends upon several other factors. you can obviously get alimony. but first of all you need to decide whether you want divorce or not and what can be the grounds for seeking divorce, from when you live separately and whether you have a child or not..

Advocate Ritam Banerjee LawRato

861 votes

Merely because your husband is seeking divorce does not mean that divorce will automatically be granted by the Court. If you do not consent to a mutual divorce, he will have to prove legally recognized grounds for divorce under the Hindu Marriage Act, 1955. Regarding maintenance, there is no fixed formula. The Court considers factors such as the husband’s income, liabilities, standard of living, your income (if any), health, qualifications, and overall financial circumstances of both parties. If you are unable to maintain yourself, you may claim interim as well as permanent maintenance. Permanent alimony may be awarded either as a lump-sum amount or as periodic monthly maintenance. In appropriate cases, monthly maintenance can continue for a long period and ordinarily remains payable unless there is a substantial change in circumstances warranting modification by the Court. In case of remarriage of the wife, the husband may seek discontinuation of such maintenance, subject to the applicable legal provisions and Court orders. The exact amount of maintenance depends upon the complete facts, including income proof, expenses, liabilities, duration of marriage, and the standard of living enjoyed during the marriage. Therefore, a detailed examination of the facts would be necessary to assess the likely entitlement.

Advocate Jitesh Sah LawRato