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Naresh (In search of job)     29 July 2010

Be ready to pay hefty alimony, if husband files divor first!

LCI members,

I seek learned member's opinion on the following points.

(1) Is it true that If husband files for divorce as petitioner, he has to pay hefty alimony/maintenance than the other case of wife filing for it first?  (As per my knowledge, it (alimony/maint) is based on the husband's ability to pay based on his (proved) income and properties).

(2) One of the advocate, whom I have contacted in my matter is suggesting that as the law/judges are favorable to woman, likely hood of ordering heavy alimony/maintenance is more, irrespective of whether income/properties of husband are proved (if he goes to court first)!!! as it is very difficult to prove the husband's income/property by wife's side people.  Is it true?

(3) He is also saying that, as I have mistakenly filed for divorce first, I now hurriedly have to file for RCR, which would atleast save me a bit in deciding the final maintenance/alimony order. Is it true?

-Naresh



Learning

 6 Replies

Unbiased Advice (Advocate)     29 July 2010

Kick the person who said this on his ass!

Arup (UNEMPLOYED)     29 July 2010

1) UNTRUE / FALSE. IF HE IS YR ADVOCATE CHANGE HIM IMMEDIATELY. YOUR KNOWLEDGE IS PERFECT.

2) NO.

3) HE IS AGENT OF YOUR WIFE'S SIDE. HE IS DETRIMENTAL FOR YOUR CASE.

Atuliya (Student)     29 July 2010

This is an absolutely SICK state of affairs. Most lawyers and the JUDGES also have built up this notion that the women have extra privileges. Infact except for a few instances the statute does not discriminate between genders. But it is very unfortunate that lawyers are making a killing out of Divorce petitions [especially in the Boy's case] there being no accountability they charge you hefty fees and in the same breath tell you that you have a slim chance

1 Like

(Guest)

JUST CHANGE LAWYER. MOVE AHEAD WITH UR DIVORCE APPLICATION. UR LAWYER WANTS TO SEE U IN JAIL AND LATER ACT AS AGENT TO TAKE OUT HEFTY AMOUNT FROM UR POCKET TO GET U OUT OF JAIL.

1 Like

Madhu (consultant)     29 July 2010

i didnt understand by Avinash's comment about "UR LAWYER WANTS TO SEE U IN JAIL".. What would his lawyer do to see him in jail? is it that effects of 498a blunt if filed after the husband files the divorce first?

Arup (UNEMPLOYED)     30 July 2010

MR MADHU,

WHAT I UNDERSTOOD FROM MS KAUR'S POSTING THAT, SHE WANTS TO WORN MR NARESH THAT THE SAID ADVOCATE DOING CONSPIRACY WITH HIS IN LAWS AND IF IT IS CONTINUING, MR NARESH MIGHT BE AT JAIL.

PLAIN MEANING OF WHICH IS MR NARESH SHOULD CHANGE THIS ADVOCATE IF HE LOOK AFTER HIS CASE..


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