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Last Updated On 13-Jul-2020
Divorce

Divorce

We married in 2013. From march 2020, my wife alongwith 2 kids is staying separately from me without valid grounds. I have sent notice under section 9 for restitution of Conjugal Rights in July 2020. Reply from wife is awaited. Soon, I will file restitution of Conjugal Rights case I'm family court. Please advise me regarding (1) if after trial , court decision for restitution of Conjugal Rights is NOT in my favour , then can I file DIVORCE case /petition in family court against wife ? (2) can I claim maintenance from wife after filing of restitution of Conjugal Rights case in family court , as I am removed from service and my case is sub judice before central administrative tribunal and wife is in contractual govt service as doctor ?

( Mumbai, Maharashtra )

12-Jul-2020

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You will need to file restitution of conjugal rights petition in family court . If not present before court then file divorce petition. But you don't have any such rights to file maintenance petition.
Posted On 13-Jul-2020
Vidhikarya
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In most of the cases restitution of Conjugal Rights case the court decides it in favour & if it is not in your favour you can move ahead for Divorce as you said.
Regarding the claim maintenance from wife you can go ahead as you are currently not in service. So you can file 498-B & demand for half Salary from your Wife as a maintenance claim.

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ADV. ANISH PALKAR (High Court)
Posted On 13-Jul-2020
Vidhikarya
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