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What remedies are available for husband in divorce case
26-Jul-2023 (In Divorce Law)
The options that the men have in such cases is either section 9 of Hindu marriage act which talks about the restitution of conjugal rights or anticipatory bail in case you feel your wife might file a Domestic violence case against you.
You can also apply for child custody in and the court might grant you custody of your children if they are above 7 years of age.
Also, in case you are nit earning and your wife is earning then you can demand maintenance from your wife.
Quantum of maintenance depend on several facts:
1. Your income ,liabilities, expenditures.
2. Your husband income ,liabilities , expenditure.
3. Duration of marriage.
4. Any child from wedlock & His/Her CUSTODY .
5. Both spouse social status prior to marriage and after marriage.
From above facts, Compare yourself and judge where she is liable to pay you maintenance or not.
an assumption:
1/3 of take home income is considerable amount for maintenance. If your take home income is lower than her 1/3 take home income then you can seek relief under 24 HMA if any seperation or sections under HMA is running.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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