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need divorce as wife left 4 years ago i don't want to pay maintenance
03-Sep-2023 (In Divorce Law)
I got married in 2011 and in Dec 2011 my wife started living seperately. Now its 2015. On what grounds can I get a divorce so that I dont have to pay any maintenance to her. Also, can i get an ex party divorce as I don't know where she stays now.
Ex parte divorce is possible only when she refuses to appear in court but you need to take steps to trace her. You may not have to pay maintenance only if she agrees or is working and earning. I'll be in a better position to advice only when I know about her occupation status. It's very premature to advice on maintenance aspect.
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Yes, you can file petition on the ground of desertion. You can try for ex parte decree but it won't be an easy task. She can also challenge the ex parte decree in higher court. If she gets to know you have initiated the divorce proceedings she will contest and claim maintenance. In ex parte proceedings no question arises about maintenance.
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Adv. Rohit Shaligram
Pune | 500+ Answers
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Please note that more details would be required to answer any query. Whether have you filed a police complaint when she left? is she a working lady ? religion is important as different personal laws exists which provide different legal remedies aligned towards specific personal law. there can be many grounds; one of them be desertion and cruelty, her source of income if any etc.
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Adv. Feroz A Shaikh
Mumbai | 25+ Answers
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