Legal Question in Family Law in India
divorce - xyz
My wife has left me leaving a note stating she is going forever with her parents & on her own will. I tried to contact her but her father is not allowing me to do so. Can she claim alimony from me. At the time of leaving she was unemployed.
5 Answers from Attorneys
Re: divorce - xyz
Yes she can claim alimony from you.
M.P. SANJAY
Advocate
Ph 9392465234
Re: divorce - xyz
Yes,she can claim alimony.It is her right and it does not effect her right to alimony in any manner.
Re: divorce - xyz
The facts given by you are incomplete. On the basis of given facts, it is clear that she is entitled for alimony; besides, she may also lodge a complaint against you under the Domestic Violence Act as well as Sections 498-A/406 IPC.
You should immediately offer her or her family a handsome amount towards interim maintenance and make all possible efforts for reproachment. In case you had caused her any wrong like physical or emotional or economic violence, you shold tender unconditional apologies and assuage her feelings;
It is presumed that no sane woman shall leave her matrimonial home without a reasonable cause; and the cause for desertion possibly could be harrassment by the husband or his family. Therefore, try to make an assessment of the causes of her desertion and make sincere efforts to remedy the situation.
Re: divorce - xyz
Depends on present facts and circumstances.
Re: divorce - xyz
If you want her back file a suit for restitution of conjugal rights.
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