Legal Question in Family Law in India
Dear Sir,
My wife has filed for divorce after 6 months leaving me without my permission to somewhere, seeking maintenance for her and 3 yr old male baby where as I filed for reunion within one month she left, but she has not turned up even for counseling ( absent for the 3rd time for counseling).
Sir, I am earning around 10,000/month but she states 50,000/month and wanted 12,500 per month for her and child. Will the court ask me how much I can give or do I have to prove that or she ?. Kindly help me sir what to say in this regard. Should I have to say a lesser amount because she is not willing for reunion.
Thank You, Williams
2 Answers from Attorneys
Sir, only because she is claiming 12,500/- the court will not grant, the court will consider your income the amount which is required to maintain herself and her minor child and the court will grant the maintenance only if she proves that she is unable to maintain herself and she is not having any source of income thereafter the court will grant reasonable maintenance. If you can prove that she has left your company without any reasonable or justifiable ground the maintenance petition can also be dismissed but you have to pay maintenance for your child.
you will be given a chance to reply by the court
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