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Procedure to take Divorce without giving maintenance
11-Mar-2023 (In Divorce Law)
My brother had a love marriage in 2015 Dec n his wife left him in March 2016 for silly reason and she refused to get back after several mediation attempts from the family members and also refused to give divorce and constantly trying to get bro out separated from his parents , and bro is now scared to move ligally thinking she might demand a compensation .. After 2 years she now wants to get back to him but don't want stay with in-laws.. Also when it comes to caste her dad is SC N mom kuruba they lied their caste during wedding as we are gowdas however we never had a problem with case as we don't be live in tat practice but now we think she might take the advantage of her caste also during legal separation n demand money, please advise is it possible for us to get her separated without paying any compensation as she never lived with bro also she's double graduate and she works for a mnc and earn, she even got all bad habits like alcohol n smoke.. But now she wants come back
If you want to get divorce without giving any maintenance to her then you have to prove that she is working and getting handsome salary and you have to prove that she is having. all habits which will be effected to society
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Adv. Santosh R Kolkar
Belgaum | 100+ Answers
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if she is working and is capable of maintaining herself you can get decree of divorce , she can not claim maintenance because she is working , you need to confirm whether due to wedlock is there any child if there is a child then she can seek for child maintenance.
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Adv. Rajendra Prasad N C
Bangalore | 25+ Answers
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Hi ,
Unless there is sufficient grounds for ur brother to get divorse, he can get it , but for mutual divorse she has to agree otherwise ur bro cannot get divorse .
Also , if ur bro gets divorce , she will claim maintainence .
Then you have to prove to the court she is financially stable and can survive without maintainence .
All this happens only when your bro has sufficient grounds for divorse petition and for mutual divorse , his wife has to agree
Unless there is sufficient grounds for ur brother to get divorse, he can get it , but for mutual divorse she has to agree otherwise ur bro cannot get divorse .
Also , if ur bro gets divorce , she will claim maintainence .
Then you have to prove to the court she is financially stable and can survive without maintainence .
All this happens only when your bro has sufficient grounds for divorse petition and for mutual divorse , his wife has to agree
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Adv. Shankarayya Bhixavati
Bangalore | 25+ Answers
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