Divorce case Divorce case

3 years ago

My wife is not living with me for 2 1/2 years and we both fight a lot now I want divorce but she is asking for money which I can’t afford she is also threatening me for false cases like dowry rape etc she has caused me a lot of mental torture and harrasement I don’t know what to do please help by which I did not have to pay money as my income is too low

Anish Palkar

Responded 3 years ago

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A.As you have low income you may not pay anything and you can get divorce if you want.

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ADV. ANISH PALKAR (High Court)
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.if your income is low then how she can get money ?
she is not earning ?
you have to give child maintenance.
rape case can not be filed.
Dowry case you can take anticipatory bail
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You will have to pay maintenance, but this amount will be calculated in proportion to your income. As such, you will not have to pay an amount that you are unable to. Your wife can be punished under Section 209 IPC for making false claims in Courts. You can apply to the High Court under Section 482 CrPC to quash such a case.
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Anik

Responded 3 years ago

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A.Hi,
You have a duty to pay maintenance to your wife if you earn more than her, this amount will be calculated in proportion to how much you earn.
False cases can be quashed by the High Court on an application under Sections 482 CrPC. Your wife can be punished under Section 209 IPC for making such claims.
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