Divorce and Indian Law on payment to wife?

Question

Hi, I am asking this question for my friend.

Both he and his wife are working in the IT sector in India. She is earning about Rs 25000 per month. They have been married for about 8 months now. Due to severe differences of opinion and her stupidity about everything if they decide to get divorced now:
1. Will he have to pay his wife any money? How much? How can he avoid it? 2. Can he request her sign some agreement so that he avoids paying that money?

Please let me know as per Indian Marriage laws.

Answer 1

Maintenance during the pendency of any petition under the matrimonial Act applicable to the parties & permanent maintenance or alimony after any order has been passed on any petition in the Act is applicable to both husband & wife in case they are both Hindus & married according to the Hindu form of marriage under the Hindu Marriage Act,1955. In case they are not Hindus & not married according to Hindu form of marriage but any other form of marriage then these privileges are provided only to the wife. As far what are the necessary condition for providing maintenance during the pendency of the suit or after its decision depends on that such person seeking it is unable to maintain herself or himself & to avoid any destitute condition for such person the Family court can allow such reasonable allowances which will be sufficient for such a person to maintain herself or himself in a dignified manner. This amount should be enough to provide necessary provision of food, clothing, schooling of children & housing, etc & in no case is for other extravert needs or habits. These are fixed on the basis of the income of both the parties, ability to work, any source of income from any property or valuables. It is not necessary to allow any of them these if they already have sufficient income or source of income or property or valuable in their name & possession through which they can get income or provisions to maintain themselves. The courts can always amend or cancel the amount of maintenance any time with the change of circumstances of the person providing it or getting it. During the time of dissolution of marriage a amount which is covered under the provision of permanent maintenance is given by the husband to the wife or vise versa just as a compensation to her or him to get her or his consent for divorce by mutual consent even though the other party has her or his own income or source of income. What amount is given depends on their mutual agreement & the family court is informed regarding this agreement .This the brief regarding such payments.

Answer 2

Meet with your lawyer for restitution of conjugal rights. It means that she will be given an order by the court to fulfill her duties as a wife within a certain period of time failing which you will automatically be issued a divorce. Good luck.