Legal Question in Family Law in India

my wife left my house on 18 0ct and was missing we filed a complaint she was traced in hyderabad and was brought back by police on 26 oct and she came back with her boyfriend sister and told her parents that she want to marry him but her parents where not ready and kept her in their own house for a period of two months till 18 dec and she was not ready to come back to me and was not also asking for our daughter her parents have beaten her to come back to me but she refused and and she has left her parents house also on 20 dec and she called me and asked for a divorced i agreed and we went to lawyer and all the documents were prepared and custody of my child was with me but at the last moment she refused to sign the paper and fled and know asking for one month time and whom she wanted to marry has told her no now she is playing with me and i want to give her a divorce as per our muslim shariah telling her 3 times can she go in to court and ask for maintainence she is know working some where as as accountant and is asking fo help also and my parents are not wiiling to accept her as she was having an affair

Asked on 12/26/13, 4:43 am

2 Answers from Attorneys

she will be entitled to maintainance if she is not working. But you can challange the petition on the grounds of extra marital affair. committed by her. for further query contact 9312411481.

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Answered on 12/26/13, 7:09 am

You may pronounce talaq to your wife, however, you shall be liable to pay maintenance to her, unless you can prove that she is living in adultery. If any Muslim women seeks compensation under the section 125 and she will be awarded maintenance by the respected court only if she is not remarried and she is not living in adultery. If adultery cannot be proved, then the husband is required to pay maintenance to the wife even after divorce.

The quantum of maintenance depends upon the status and income of the parties. The following principles were found to be relevant for the purpose:

(1) Position and status of the parties.

(2) Reasonable wants of the claimant towards food, clothing, shelter, medical attendance with treatment, education and the like.

(3) Income of the claimant.

(4) Income of the opposite party.

(5) Number of persons the opposite party is obliged to maintain.

(6) The amount required by the wife to live a similar life style as she enjoyed in the matrimonial home keeping in view food, clothing, shelter, educational and medical needs of the wife and the children, if any, residing with the wife and

(7) Payment capacity of the husband.

You can raise the plea that she is a working woman, and this will help to mitigate the maintenance expenses that the Court would impose upon you.

You should seek the help of an expert to help you with the case effectively. You can call me at 09555 507 507 or send me a mail at [email protected]


Advocate Pooja

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Answered on 12/28/13, 3:52 am

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