Married for 21+ years. Having 2 kids. Since inception of my marriage, my wife and her mother, trying to separate me from my parents. Which I don't want to do in any case... as I am only son. Had stressful married life all these years. Every now and then my wife kept bad mouthing about all my relatives.
Had several disputes & quarrels all these years. Had a big quarrel 6 months ago and since then my wife along with both the kids leaving in different home. She, along with her parents and siblings, also polluted my both kids' minds very badly.
Currently, spending almost 70% of monthly income on them - which includes home loan installment (where my wife and kids are residing now) , monthly household expenses and both kids school / college fees etc.
Given the scenario, can I file for divorce now? if I do, will have to pay any additional maintenance to her? After divorce, if she re marry, can I stop maintenance?
If your wife agreed for divorce then file joint petition for divorce by mutual consent.
In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.
Otherwise you can file a case for Restitution of Conjugal Rights and if the RCR decree passed by the court is in your favour then you can file contested divorce petition .
And if your wife file a case for her maintenance then the maintenance will be fixed by the court based on the your income, income of your wife and age of the wife etc,.
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First you file a case for restitution of conjugal life. Generally with the above discribed matter you will get decree for restitution of conjugal life. Stop self payments of monthly maintenance, school fees to children. She will approach the courts for such maintenances. Contest the cases. Finally pay the maintenance amount according to the orders of court. Similarly stop payment to the bank by disclosing all your greivances. Instead bank will collect the amount from your wife or else put auction of house. You can also place the amount paid to the bank, to schools in the maintenance cases or any other metrimonial related cases such as 498 (A) IPC, DV Act. Finally after lapse of one year from the date of decree in restitution of conjugal rights, you can file divorce case against your wife on the ground of desertion. There is every possibility of getting a divorce decree. Call me for further advise.
After 6 month of separation you can go for the divorce proceeding if you are not happy with the marriage and it is not good to maintain you will be liable to maintain your kids particularly your daughter till she gets married your wife increase secret for marriage then the maintenance will not be payable and you can file 127 CrPC for revision of the maintenance please press the like button fly cancer advocate Vimlesh Mishra High Court Lucknow