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Maintenance and alimony, if facing mental crueality?
06-Mar-2026 (In Divorce Law)
Hello Sir/Madam,
I want to ask about maintenance payment. My left my home during her sisters's wedding in december 2025, and is still living in her home, no call, blocked me on whatasap also.I think they are thinking about taking alimony from me, as they are of lower standard than us. I have recorded her videos where is clearly saying "yes I told him not to sleep with me" she did not let me inside bedroom since august 2025. In one video she is saying "I dont want any relationship with my brother
Based on the facts mentioned by you, if your wife has voluntarily left the matrimonial home without reasonable cause, it may be a relevant factor while deciding any maintenance claim. The videos or recordings you possess may also be used as supporting evidence, subject to proof before the court.
However, the grant of maintenance depends on several factors such as income of both parties and circumstances of separation.
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Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
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The query shows a case of mental cruelty in matrimonial relationship. As per law, you have a legal right to file for divorce on the same ground. Also if you do not want divorce and wishes to live together, you can file a petition in court to call her back. Maintenance amount is payable if she shows reasonable ground to leave the house and your company. For any further and better clarification feel free to connect.
Thanks
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Adv. Bhawana Pandey
Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Technically,she can claim maintenance from you.
However, you can deny maintenance to her on the grounds that she has wilfully left your home that is her marital home and hence is not entitled to any maintenance payment and any alimony, if asked if just a way to harass you.
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Adv. Shambhavi Sharma
Adv. Shambhavi Sharma
Delhi | 50+ Answers
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If you are able to prove that your wife is in a relationship with another man, then only you can avoid the maintenance. If she is not sharing the bed with you, then you can file a divorce petition on the ground of cruelty. if she is working and earn decent money, then you may have to pay lesson maintenance amount.
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Adv. Hemant Kumar Gupta
Adv. Hemant Kumar Gupta
Delhi | 25+ Answers
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Agar wife bina kisi valid reason ke apna matrimonial home chhod kar apne maayke mein reh rahi hai aur husband ke saath rehne se mana kar rahi hai, toh aise situation mein maintenance ka claim automatically strong nahi hota. Court generally yeh dekhti hai ki wife ne reasonable cause ke bina husband ko chhoda hai ya nahi.
Agar aapke paas videos ya other evidence hain jisme woh clearly keh rahi hain ki woh relationship continue nahi karna chahti ya husband ko room mein aane nahi diya, toh yeh evidence court mein relevant ho sakta hai. Aise circumstances mein husband yeh defence le sakta hai ki wife voluntarily alag reh rahi hai, isliye maintenance deny ya reduce kiya ja sakta hai.
Aap apni taraf se legal notice bhej kar restitution of conjugal rights (RCR) ka option bhi consider kar sakte hain, jisme wife ko matrimonial home wapas aane ke liye bola jata hai. Agar phir bhi woh wapas nahi aati aur maintenance claim karti hai, toh aap court mein apne evidence ke basis par proper defence le sakte hain.
Har case facts par depend karta hai, isliye apne documents aur evidence ke saath kisi advocate se proper legal advice lena beneficial rahega.
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Adv. Snigdha Tripathi
Adv. Snigdha Tripathi
Delhi | 25+ Answers
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