Can own deserted wife eligible for maintenance
3 months ago
Hi All...
Can deserted wife without any reason and cruel wife eligible to get interim and permanent maintenance and permanent alimony from husband.
How maintenance case transfer from one district to another.
In how much time maintenance case and contested divorce will decide finally.Can contested divorce able challenge anytime on which grounds it will challenge.
A.Dear client,
Regarding the maintenance claim by a deserted wife, it is a discretionary matter of the court. There are several ruling wherein the wife living separately has received maintenance. It will completely depend on upon the facts and circumstances of the case. Most importantly how much the the Honourable court is satisfied.
For the transfer of a maintenance case-
Section 223 of the Code of Civil Procedure contains the substantive provision that empowers the Civil Court to transfer a lawsuit. There must be enough satisfactory grounds for such transfer by the Defendant/ Respondent.
It is a bit difficult to say the timing of the disposal or the final judgement of a case. Each case is unique in its way. For contested divorces it might vary from a period of 1 year to more , again it depends upon the proceedings.
If either of the parties are unsatisfied with the current judgement , they can challenge the order to the superior court.
Thanks
Regarding the maintenance claim by a deserted wife, it is a discretionary matter of the court. There are several ruling wherein the wife living separately has received maintenance. It will completely depend on upon the facts and circumstances of the case. Most importantly how much the the Honourable court is satisfied.
For the transfer of a maintenance case-
Section 223 of the Code of Civil Procedure contains the substantive provision that empowers the Civil Court to transfer a lawsuit. There must be enough satisfactory grounds for such transfer by the Defendant/ Respondent.
It is a bit difficult to say the timing of the disposal or the final judgement of a case. Each case is unique in its way. For contested divorces it might vary from a period of 1 year to more , again it depends upon the proceedings.
If either of the parties are unsatisfied with the current judgement , they can challenge the order to the superior court.
Thanks
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A.Dear Client,
In India, a deserted wife, without any specific reason or a wife facing cruelty, may be eligible for interim and permanent maintenance as well as permanent alimony from her husband. Maintenance is typically determined based on factors like the husband's income, the standard of living, and the wife's needs. The wife can file for maintenance under Section 125 of the Code of Criminal Procedure or seek alimony during divorce proceedings.
To transfer a maintenance case from one district to another, you may need to file a transfer petition before the appropriate court, providing valid reasons for the transfer, such as the change in residence or convenience.
The time it takes to finalize a maintenance case and a contested divorce varies, and factors such as court backlog, complexities of the case, and the willingness of both parties to cooperate influence the timeline. Contested divorce can be challenged on various grounds, including procedural irregularities, issues of jurisdiction, or if there's new evidence that wasn't presented earlier. It's advisable to consult with a family law attorney to understand the specific legal procedures, timelines, and grounds applicable to your case, ensuring proper representation and guidance throughout the legal proceedings.
Thankyou
In India, a deserted wife, without any specific reason or a wife facing cruelty, may be eligible for interim and permanent maintenance as well as permanent alimony from her husband. Maintenance is typically determined based on factors like the husband's income, the standard of living, and the wife's needs. The wife can file for maintenance under Section 125 of the Code of Criminal Procedure or seek alimony during divorce proceedings.
To transfer a maintenance case from one district to another, you may need to file a transfer petition before the appropriate court, providing valid reasons for the transfer, such as the change in residence or convenience.
The time it takes to finalize a maintenance case and a contested divorce varies, and factors such as court backlog, complexities of the case, and the willingness of both parties to cooperate influence the timeline. Contested divorce can be challenged on various grounds, including procedural irregularities, issues of jurisdiction, or if there's new evidence that wasn't presented earlier. It's advisable to consult with a family law attorney to understand the specific legal procedures, timelines, and grounds applicable to your case, ensuring proper representation and guidance throughout the legal proceedings.
Thankyou
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