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Kumara (Doctor)     10 May 2014

Appeal against alimony

Hi,

I am from Bangalore. This is wrt my divorce in Sep 2012. I was blackmailed to pay an alimony of Rs.7 lacs. Lawyers also pushed me to do so because otherwise she can misuse domestic violence law and she also had given a hint. Now, she got married within a month of decree, had got engaged to another person before decree itself.

I want to appeal against the alimony settlement asking for a refund. How can I do that, please help.



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 5 Replies

Gautam Kapoor (IT professional Studying Law)     10 May 2014

@kumara -If she had taken the amount wrt MOU /permanent alimony for providing divorce and later remarried,you cannot do anything.My advice will be to be happy as you got her away with 7 lakhs(virtue of you being a doctor).If your frustration/unhappiness vents due to the fact that she got engaged before the decree forget it for you happiness and do not make any further dent in your pocket by way of unwarranted legal expenses which will server you no good.Cheers.

Kumara (Doctor)     24 May 2014

Hi Gautam, Thanks a lot for the reply. My question is why is alimony required for a cheat who is going to marry someone again, who shall again take care of her. I am happy for the divorce and nothing wrt her getting married but want to fight to get my money back.

What is the meaning for alimony in that case? Can't that be questioned?

Gautam Kapoor (IT professional Studying Law)     24 May 2014

The above was answered in a law perspective ,now answering in a doctors perspective - you had a tumour ,a benign one to start with, you went to a doctor who advised you that there is ample chance of it becoming malignant,you chose to operate and remove the tumour permanently (paying 7 lakhs) and now you are free from the disease.You may or may not indaverently have to go to the doctor for regular checkups virtue of the permanent removal.

You are now free from the disease .Now if you think that the disease was not worth getting rid of paying 7 lakhs weighed in contrast of having a disease free life.

*doctor to be substituted with lawyer.

stanley (Freedom)     26 May 2014

@ author 

You should have opted for monthly alimoney rather than permanent alimoney . The lawyers have misguided you rather you should have read the domestic violence act and its reliefs and the same has to be proved in order to gain reliefs, the reliefs are ( maintenance , right to residence , protection order etc ) . once she re- marries after divorce the maintenance ceases . There is no way you can recover the same . 

Forget the past and move on to the future . Such low tactics of your wife will not work out much in the future she will face the consequences . 7 Lacs is not a big amount and i presume in the course of time you can make up for the loss. 

 

Gautam Kapoor (IT professional Studying Law)     26 May 2014

now speaking in the KARMIC world... get on with life..forget the amount you paid and get on with life...She will one day or the other face the consequences of her actions...doubt it no more...the amount she has got from is ill gotten money which only breed umpteen diseases in her and there will be no CHEMO for it ...there goes a saying ...a person’s shadow can leave him but his karma will never...Get on with life doc.. Be happy and dont further dent your pocket trying to retrieve the amount which you can’t.


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