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Q. Divorce against RCR

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Anonymous

posted 4 months ago

Q.Divorce against RCR
I have filed RCR and wife filed divorce denying to come back to matrimonial home and claiming 15 lakhs marriage expenses back. Is there provision in law to reimburse marriage expenses? As I understand even she will not entitled for maintenance/ alimony also. Length of marriage is just 8 months and no child. Pls advise. How court decides in this situation

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Dear Sir,
It all depends about the facts of each case. In your case you are correct since marriage lasted for only 8 months.

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 4 months ago

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A. ) Dear Client,
The Court looks into a number of factors in cases of providing alimony and maintenance.
If she belongs from a financially sound family , employed and educated enough to earn her own living , in such cases chances are less that you will be asked to provide her maintenance and alimony.
Thanks.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

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A. ) Dear Client,
The court looks into the following aspects before deciding the quantum of alimony or maintenance to be paid. They are as follows:

1. Income of the husband & wife
2. Employment status of husband & wife
3. Living standard of husband & wife
4. Mandatory expenses of husband & wife
5. Properties of both husband & wife
6. Financial status of husband & wife
7. Education of husband & wife
8. Children and their responsibilities
9. Diseases [if any], both curable and prolonging etc.
However, the above list is not exhaustive and there are other various factors which are considered by the court in deciding the same.
Thanks
Shreyash Mohta

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Suneel Moudgil

Experience: 15 Year(s)

Responded 4 months ago

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A. ) “amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, employment status, etc,
how do you understand she is not entitled to maintenance/alimony

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 months ago

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A. ) Without completing one year u can't file divorce petition. After one u have right

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