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Wife seeking divorce and not me !
05-Jan-2023 (In Divorce Law)
Hello sir / madam
My wife is seeking for divorce and I am not willing
She is working in govt and I work in pvt at abroad
My questions are
1) can I apply for restitution of conjugal rights and if so what are the advantages and disadvantages of it when I win or loose ?
2) can she claim for alimony is she wins as she works in secure job ( government)
3) I was away from family from last 1 year due to job and corona , does this can be considered as period of separation for issuing separation?
4) can I claim for alimony if I quit my job and comeback to india ?
5) can she eligible to claim alimony when she herself is applying for separation?
6) can whatsapp messages claiming I used to drink can be considered as a proof to support separation?
7) is it advisable to take anticipatory bail ( as I am completely unaware of her move now )
8) in order to avoid paying hefty amount is it advisable to transfer all my money to parents ? Or what will be the best way to avoid hefty payment?
My dear sir
1. you can apply for restitution of conjugal rights petition.
2. She cannot claim alimony from you.
3. yes the period of you working abroad can be considered as separation period
4. you can claim for alimony, but the alimony granted by the court will be too less, and the probability of ordering alimony to husband is very less.
5. she can claim for alimony, but court will not grant her alimony.
6. yes whatsapp messages can be considered as part of evidence
7. Anticipatory bail will be granted only in case you have a threat of arrest.
8. Don't worry you will not end up paying hefty money to her.
9. you only have to fight the case filed by her.
first of all you need tell how many years you are married. Do you want to live with her or not?
Then I can advise you on a solution.
1. you can apply for restitution of conjugal rights petition.
2. She cannot claim alimony from you.
3. yes the period of you working abroad can be considered as separation period
4. you can claim for alimony, but the alimony granted by the court will be too less, and the probability of ordering alimony to husband is very less.
5. she can claim for alimony, but court will not grant her alimony.
6. yes whatsapp messages can be considered as part of evidence
7. Anticipatory bail will be granted only in case you have a threat of arrest.
8. Don't worry you will not end up paying hefty money to her.
9. you only have to fight the case filed by her.
first of all you need tell how many years you are married. Do you want to live with her or not?
Then I can advise you on a solution.
Helpful?
Adv. Aparna Kanampalli
Bangalore | 25+ Answers
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