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Maintenance Issue court order to pay 7000 per month
06-Aug-2025 (In Divorce Law)
I am writing to provide an update on my current situation regarding my marriage and to seek your advice. My wife left our shared residence within three months, and despite multiple requests for her to return, she has declined. We filed a case to request her return, but we have not received a response. Subsequently, I initiated divorce proceedings, which have been ongoing since 2017, and I have yet to receive the divorce decree.
Recently, the court issued an order for me to pay monthly alimony
The prolonged divorce proceedings since 2017 and the recent court-ordered monthly alimony indicate a complex case, likely under the Hindu Marriage Act, 1955, assuming your marriage falls under its purview. Your wife’s refusal to return despite your petition for restitution of conjugal rights (Section 9) and the subsequent divorce filing suggest grounds such as desertion (Section 13(1)(ib)) may apply. The delay in obtaining the divorce decree could stem from contested proceedings, requiring thorough evidence of desertion or irretrievable breakdown of marriage.
Regarding the alimony order, under Section 24 (interim maintenance) or Section 25 (permanent alimony), courts consider factors like your income, her financial needs, and lifestyle during marriage. To challenge or modify this order, you may file a petition demonstrating changed circumstances, such as financial hardship or her self-sufficiency, supported by affidavits of income and assets (Rajnesh v. Neha, 2020). I recommend gathering evidence of her refusal to reconcile and your financial obligations.
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Adv. Rudrabhushan C Benakanalli
Adv. Rudrabhushan C Benakanalli
Bangalore / Bengaluru | 25+ Answers
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your case has been wrongly been filed. Since your wife has deserted you you could have filed for ex parte divorce so that the the court would have not ordered any maintenance since she would not have contested the case and the decree would have been in your favour.
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Adv. Dhruv. K
Adv. Dhruv. K
Bangalore / Bengaluru | 100+ Answers
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Hello sir,
Kindly provide the further details for better understanding:
1. Had you and your wife filed assets and liabilities?
2. How much has the court ordered you to pay monthly?
3. Does your wife work ?
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Adv. Saroj H. M.
Adv. Saroj H. M.
Bangalore / Bengaluru | 100+ Answers
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Hello as you stated in your case that your case of divorce is ongoing since 2017 and it seems it is too old case and you need to follow the case personally and proceed the case towards judgement in your favour and it can be done or settle the matter in the mediation as well at any point of time in the case. whatever you got the order it might be Interim maintance to give the wife till the case is decided. this is not the permanent aluminium as permanent aluminium will be granted in the final judgement.
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Adv. Babita
Adv. Babita
Bangalore / Bengaluru | 200+ Answers
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Dear Sir,
In usual course the Courts grant interim maintenance to the wife if she is not working. You may go to higher court and get a stay order on such interim maintenance which is allowed after about 8 years from the date of filing of your divorce petition. Further, you may approach High Court seeking early disposal of your Divorce petition. You will get divorced since she is not with you except for three months.
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Adv. Kishan Dutt Kalaskar
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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