Taking divorce from wife. Am i liable to pay alimony that she wants?


If I am the one seeking divorce out of me and my wife, will I still be liable to pay her the alimony that she wants? After been married for 3 years my wife left me 11 months ago. She is working and we have a 2 year old child. Now she just doesn't want to come back.

 

We have had no contact, of any sort, for the past 11 months now. There is nothing left between us and I clearly want a Divorce.

 

Answer

 

In this situation we would recommend that you should speak to your wife and jointly move a petition for divorce by mutual consent. The benefit of this is that you both can agree on the terms and conditions of the divorce and be divorced within 6 months.

 

If she doesn't agree for divorce by mutual consent then you shall have to file your case under the other heads of Section 13 of the Hindu Marriage Act to seek divorce. (We can guide you in this aspect, once you provide us with the facts in detail)

 

Even if you are the one seeking divorce, you are liable to pay maintenance to your wife, however as you have stated that she is working, therefore the Court shall give due consideration to the same while deciding the maintenance amount. The idea behind maintenance is to restore the women to the financial condition she was living in before the divorce, so in case you can prove that she doesnt require maintenance then you can reduce the amount to as little as possible.

 

Furthermore, you shall also have to file a petition for the custody of your 2 year old child and in case this is decided in her favour, then you will be liable to pay for the maintenance of your child as well.

 


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