Wife demanding maintenance when she stayed only for few months
2 years ago
my brother has got married in 2018 June after one month of marriage my sister in law left him and our house and went back to their parents place.. my brother called her and asked to come home in initial days but she refused to come home and said she is in love with some other else and she don't want to be with my brother anymore. recently my brother called her and asked her to divorce him and she demanding for maintenance and alimony amount from him. my question is she stayed only for a month in our house and she is loving some other guy and asking us to pay some amount to her.. what should my brother have to do now...
A husband cannot be made liable to pay alimony if the wife’s adultery is proved under the court of law. Therefore in Order to constitute a claim for the right of maintenance wife must be cleaned handed, she must be pure enough to claim for the maintenance.
Hope this clarifies your query and requirement.
Thank you.
Anonymous
Replied 2 years ago
thanks for the responding sir...
You can seek divorce on the ground of adultery without any commitment to pay alimony but you must establish that she is in affair with such guy. You may get details of such guy and their further details in their affair by appointing private detective agencies.
Subhashis Paul
Responded 2 years ago
A.First of all if your sister in law is agreed to give mutual consent divorce then you can send her a legal notice intimating her the amount which is affordable by your brother along with the draft of the mutual divorce petition. If she afmgrees with the said amount, then she will definitely send you back a positive reply and also the check copy of the mutual divorce petition along with all the required documents for filing. Otherwise if your sister in law demands some thing huge which is not affordable by your brother, then your brother should file a contested divorce suit against her on several grounds along with the evidences against her. For further query you need to consult with an advocate at earliest so that she cannot file a divorce suit against your brother alleging him with false allegations and also demanding alimony. Therefore for further legal assistance consult an advocate.
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