Legal Question in Family Law in India

seperation

My wife has left my house 1 & half year ago.She had written a note that because of the difference of opinion with me she is leaving the house.I tried to convince her & was ready to live separate from my parents.I am sending her the notice every three months. she is not replying to it. In this case if I apply for divorce then can she claim for alimony. She is not earning & living with her parents in bhavnagar. Can I get divroce on the basis of living separetly for almost 1 & half year.

Pls suggest any other alternative.


Asked on 7/01/08, 2:02 pm

4 Answers from Attorneys

Bhaskaran D Bhaskar Associates

Re: seperation

If you are contemplating to file a Divorce petition then you should be ready to provide her maintainance also. Though it is she living separately and you are putting efforts to bring her back.

Note: If you do love her still then avoid going to court, since I have handled cases where the women leave her husband for petty reason and await that her husband visit her and take her back. Avoid Court if you still LOVE her.

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Answered on 7/05/08, 10:06 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: seperation

Yes but if you really want her file a suit for restitution of conjugal rights.if you are nearby contact me personally with details

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Answered on 7/16/08, 11:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: seperation

there is something amiss in your note. the fact remains that you have no aversion for her. therefore, you should make serious efforts to bring her back. writing notes is not enough; you should personally visit and meet with her and her parents; if required you should involve other relatives and common friends. you can surely save your marriage if serious efforts are made.

divorce is not the best solution. moreover, since she is not working, she is entitled to alimony till she remarries. the amount of alimony shall be fixed by the court based upon your standard of living; she is entitled to live with the same standard as you live. your liability for her alimony remains even if she refuses to join you.

before starting your efforts, you should start asking about her requirements and make payments voluntarily as if you are paying alimony because ultimately you may have to make payment of maintenace for her.

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Answered on 7/01/08, 2:14 pm

Re: seperation

First, try to resolve the matter peacefully.

If not, you can get divorce on the ground of dessertion (2 years period immediately before filing the divorce petition)

She can claim alimony and the court will provide her on the basis of several facts like your income, standard of living, etc.

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Answered on 7/01/08, 5:24 pm


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