Can a husband get alimony or maintenance in case of cruelty and desertion by wife?
My wife deserted me and has been very cruel during last 80% of our married life (last 2 years have been horrible) and now in last few months she filed false and frivolous 498a etc and DVC. I have filed RCR right now but mediation through that has failed. I believe I have sufficient proofs for both desertion and for cruelty. Assuming I get divorced after a tough fight in court on either or both these grounds:
(i)Do I have to giver her alimony/maintenance?
(ii) What if I am able to prove both desertion and cruelty?
(iii)Since I earn more and assuming I prove the desertion and cruelty am I likely to get custody of my sons?
1)Do I have to give her alimony/maintenance for desertion?
-No. There are lot of judgement in which courts denied maintenance in which wife deserts the husband.
2)Do I have to giver her alimony/maintenance for cruelty?
-Same as above.
3)What if I am able to prove both desertion and cruelty?
-You are through to decree of divorce.
4)Since I am higher earning and assuming I prove the desertion and cruelty am I likely to get custody of my sons?
-Yes sure you can get the custody of your sons by proving her a cruel mother or by proving that you can take care better than your wife.