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Maintenance for separated DVC ,HMOP
05-Oct-2024 (In Divorce Law)
Me and wife lived together for about a year. She left home after her physical and mental illness got exposed. Been living separately for 2 years now. She has filed DVC and asking maintenance , but not ready for mutual divorce. If I'm contesting HMOP - should I give maintenance for both?
You need not wait for She agreeing for getting a mutual consent divorce and better file a fresh Divorce case on basis of she not returning to you for last 3 years and also due to her filing DV case.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Hello, you can seek divorce on the grounds which is mentioned in HMA, but something which is material fact for you and that. Information was prevailing before the marriage and that was not disclosed to you and you come to abt this after marriage, amount to mental cruelty and you can seek contested divorce on that grounds.
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Adv. Babita
Bangalore / Bengaluru | 200+ Answers
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Dear Sir,
In most cases the courts are awarding maintenance case irrespective of grounds for separation. You may file divorce case immediately on the ground of cruelty and desertion and say that she is having sufficient income and voluntarily deserted you on the ground of undisclosed physical and mental illness and the same were not disclosed to you at the time of marriage.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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