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Wife Asking for Divorce & not giving reason: Needs Alimony/Maintenance
05-Feb-2023 (In Divorce Law)
I am staying in USA for past 4 years and i visit India once in every year. I was married 6 years back and have 5 years old Daughter. 5 year back, my wife did a false complaint of domestic violence against me. No FIR was logged. However i was told to write an application to the SHO to describe the incident. I wrote a letter but never accepted that it was my fault as it wasn't. I just mentioned that we had a dispute. Thereafter things went well . But now my wife is asking me for divorce all of sudden without giving any reason. She is demanding 25 Lacs from me . In last 5 years , she has transferred around 10 Lacs to my father's account as family support. She works in MNC & is earning 70 Thousand per month. My daughter stays with my parents and they took care of my daughter since birth. My wife visits my parental house on weekends. Can i get my child custody under Guardian & Wards Act and avoid any Alimony to her under sub section 4 of section 125 because she is deserting me ?
hello sir yes you get your child custody and take your child back and you also avoid 125 sec CRPC mantiance any problm i can slove dont woory and evan you divorce to your wife and even she dont knw you take divorce to her
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Adv. Rahul Kaushik
Bhiwani | 50+ Answers
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Hi, year the petition for custody can be file in the family court ..Since she is employed and is self capable of earning ,she is not entitled for maintenance under section under provisions of crpc ...
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Adv. Hemant Chaudhary
Gurgaon / Gurugram | 25+ Answers
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1st thing If you are staying away from your wife and at that time only she filed a domestic violence complaint against you then you don't need to worry about that. Since you will be having Some proof against the dates mentioned in her complaint, therefore it would not be a burden for you to prove that you have not do Anything which violates her rights or causes domestic violence.
2nd thing Is that you Can easily gain access to meet your children or to keep them only if you show it to the court that you are having good means of earning and you can keep your children with utmost good financial life,Education, security and family time.
The third point is that if your wife is earning 70,000 per month you can file an affidavit or we can take an affidavit from your wife before the courtwhich would contain the information that she is earning or not. In the affidavit she has to write each and every information about her earning. It would be a plus point for us If she admits that she is earning the above said amount therefore before the court her maintenance application will be dismissed
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Adv. Dishant Rishi
Panchkula | 25+ Answers
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