Husband wants to file for divorce without paying for maintenance

613 votes

If you can prove that your wife has an affair with someone or living adultery than you can file divorce petition before competent court and in this matter you are not liable to pay any maintinace to your wife. You have a ground too that no phyaical relation is stablished between tou and your wife since marriage. And you can also move an application for medical test of you.Thanx

Advocate Rajat Bansal LawRato

755 votes

Have you tried to talk to her about why is she doing this to you? If she also doesn't want to live with you and want Divorce, it's better you apply for mutual divorce. Also start gathering proves of her job, this will help you to save on alimony if she contest the divorce.

Advocate Sandeep Kumar LawRato

965 votes

Firstly you have to file for divorce.
Then next step. You have to fight for divorce. Both parties can come with compromise, depends.
But filling divorce is first and foremost, without filling divorce you cannot proceed.

Advocate Sheikh Waliuz Zaman LawRato

951 votes

Dear client,
1. Normally courts grant 1/3 of salary of husband as maintenance if wife files petition for it in court.
2. The amount of compensation which she can get would depend largely on her qualifications and employment status. If she is unemployed then she is entitled to alimony from you, which she can cull out through court. Fixing the amount of alimony is entirely the discretion of court, but the discretion is to be exercised in a manner which preserves the course of justice.
3. Since your wife is not earning court will award her alimony, but you can defeat her claim or bring down the amount to be awarded to her by showing that she alone is responsible for the turmoil in your marriage.
4. You need to prove that your wife is well off with her income.. then no need to give maintenance...

Advocate Akash Tiwari LawRato