Divorce filed by wife

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 7 months, 2 weeks ago.

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  • #1242

    Respected Sir,

    As per the above subject my wife has applied for divorce on the basis of verbal and mental harrasment and also we do not have children.
    I have been married on 15 November 2012 and she deserted me 7 months back but has claimed in the petition that i have deserted her and also claimed that we stayed separately instead she has been with me and my parents since we got married.

    She is working in a IT company in Hyderabad and we got married in Anantapur district in Andhra Pradesh.

    I kindly request you to suggest me in this matter. I want to stay with her but this has come as a surprise to me recently.In the worst case scenario if the court grants her divorce then will she get alimony. If i end up paying the amount then will i have to pay a high amount.

    I have enough proof saying she stayed with me and also i can produce proof of her work.

    Kindly suggest

  • #1244

    If you are not willing for divorce, you may oppose it. Moreover, if you feel that she has deserted you and that you want to live with her, you can file a petition for restitution of conjugal rights.

    As regards the amount of maintenance, it depends on the facts of each individual case and no hard and fast rule can be laid down with regard to amount of maintenance. The fact that she is also working may also be considered by the court in this regard.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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