Hi,
Here are some of my queries regarding my alimony case, any help or input in this regard will be very helpful. I would just like to know how law view all the events. Please refer me any old judgements in similar cases so that they can be referred during the argument.
My marriage lasted for 1.5 years and during that time my wife kept on asking for separation even on minor issues and never tried to sort out the differences. Ultimately after tolerating all her acts and negligence I have filed for Divorce in family court. My wife received the summons but they never appeared in the court even once and meanwhile she even asked me to sent all her stuffs back (before even receiving the summons), that I did immediately. So after serving two summons court has passed the order in my favor and Decree states that I have been harrased by my wife by various acts and that amounts to cruelty towards hunsbadn and I have been granted divorce. It took 7 months for court to pass the orders and subsequently 90 days when the verdict could have been challenged, but my wife or In Laws didnt took any interest. But now after 7 months of decree they have filed a case against me asking for permanet alimony siting the false charges of harrasament.
I have following queries regarding my case:
1. By not challenging the decree of divorce, doesnt my wife has shown that she is party to that decision? Since court has ordered that I have been subjected to cruelty by my wife, and by not challenging it virtually she has accepted it. Does she still deserve alimony?
2. She has asked for permanet alimony under section 25, does she deserve a chance under section 25 as marriage has already been disolved and she is aware of it.
3. 6. If I can prove that she was the one seeking separation (Her SMS asking for divorce and mail for asking all her stuffs back), still I have to pay her money.
4. I have not taken any dowry neither she was subjected to any domestic violence. Also they have no police compliants against me on both grounds. So does her charges of harrasment stands any ground? I can prove all her charges wrong with evidence in the court. Though becasue of some of her acts I did lodge a complaint (not FIR just FYI) to police about her conduct.
5. Her academic qualification is same as mine but she is not willing to work and so is not earning anything. She has mentionedin petition that I didnt allow her to work, but I can prove that I took her to various job oriented courses and forwarded informative mails as well. but she refused saying she cant wake up early and she cant work under anyone. How am I reponsible in that case.
6. She belongs to an afflunte family and their daily business itself is more than my yearly income. She is staying with her parents.
7. Does she deserve expenses incurred during marriage ceremoney as well? As there were expenses from our side as well.
