Wife is asking money in case I plan to divorce her what to do

811 votes

It is not mandatory to give money to wife but bound to give reasonable maintenance amount to her. Court will also award maintenance to wife and children, even if divorce is granted or not.

More details is required to give apt advice in this ragrd.

LawRato LawRato

913 votes

YOU CAN FILE THE PETITION BEFORE THE FAMILY COURT.BUT THE GROUND FOR DIVORCE MUST BE CLEAR.OR ELSE THE PETITION WILL BE DISMISSED. IF YOU HAVE THE STRONG GROUND AND IT CAN BE PROVED BY YOU NO NEED TO PAY ANYTHING TO YOUR WIFE.

Advocate Sindu R Kurup LawRato

525 votes

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

Advocate Ajay NS LawRato

520 votes

You need not pay any money for divore. But if she entrust any paternal share to you at the time of marriage the you have to return the money when she demands. You have pay maintenance if she unemployed.

Advocate Girish K. Raj LawRato