Alimony
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?
By  ullas ahuja  |  09 Mar 2016  |  Upvotes: 0  | 

1 Answer(s)

Harshit Bhurani
Advocate
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.
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