What is the procedure for divorce and maintenance rights of children

908 votes

For divorce you have to file divorce u/s 13 of Hindu marriage act,on various groud like deseration,cruelty,adultery,etc which one you suit.if you&your wife both agree than on mutual consent.for maintenance of your wife,children you are responsible and amount of maintenance will depends on various factor as maintain her status equivalent to you.rights in you property occur after your death.

Advocate Kishore Kunal LawRato

571 votes

Are you working somewhere or rental income is the source of income you have?...in case of divorce and if your files a maintenance case against you considering your income the court can pass an order to give them maintenance amount.

Advocate Vikash Shangari LawRato

557 votes

Venerated Sir,
With respect to your query I bring to inform you that as per the Hindu Marriage Act, 1955 you can file a divorce case against his wife. You have raised one issues regrading maintenance of wife, daughter and son. So far as this matter of maintenance is concerned I would to inform you that Court will decide what alimony you have to be paid to your wife, daughter and son. As per the query in the light of right of your daughter, son in your house and rental income, law clearly elaborates that they have one part share in the house and rental income subject to conditions that such property pertains to ancestral property not self acquired property. Provide me more information and feel free to call me.

Advocate Anil Kumar Singh LawRato

522 votes

You can file divorce suit but you have to cleared that why are you want to getting divorce? And they have right on any income.they can file maintaince suit against you.
If mutual divorce filed by both of you.then u get divorce easily.

Advocate Santosh Kumar Prasad LawRato

680 votes

YOU ARE REQUIRED TO FILE DIVORCE BEFORE THE FAMILY COURT WHERE YOU RESIDE AND NEED MORE INFORMATION FROM YOU TO ADD GROUNDS FOR DIVORCE.
YOUR SON AND DOUGHTIER HAVE RIGHT TO GET MAINTENANCE UNTIL YOUR SON COME TO AGE OF 21 YEARS AND YOUR DOUGHTIER GET MARRIED AND YOUR WIFE ELIGIBLE FOR MAINTENANCE HOLE LIFE UNTIL SHE GET MARRIED AGAIN OR COME INTO ADULTERY, FROM YOUR INCOME.

Advocate Shyam Narsaria LawRato