Divorce giving without monitary claim
Kakuli Sarkar
(Querist) 28 September 2014
This query is : Resolved
My married life is 12 years. Out of 12years for the last 2years i am living in my father's house separately with my 9years son. Currently my husband filed divorce case. My son not even want to meet with his father and also opposing to talk with his father. My husband inharits some phycho problem from my mother in law. My mother in law is a mental patient. I am working in a private company earning 10000/- per month. My question is can i capable to claim my aluimany? If i give him divorce without any monitary claim then how long will be the case run?
Raktima Pal
Laxmi Kant Joshi
(Expert) 29 September 2014
If you are also ready for divorce then talk to your husband and file mutual consent divorce you will get divorce in 6 months after first motion , i suggest you file maintenance u/s 125 crpc for your minor son his father is liable to give maintenance for him .
V R SHROFF
(Expert) 29 September 2014
Raktima,
As your hus filed Divorce Petition,
I suggest you to file mtn u/s 23 claim edu exp for your son, and
File DV for residence ., protection of u & ur son, mtn edu etc for your son, and compensation to you.
Let court decide , what can/ cannot be granted.
As i do not know the sec under wh ur hus filed div pet, i cannot guide any further..
I do support Shri Joshi's suggestion, but residence/ alimony cannot be claimed under 125. However, DV is better alternative.
if desertion/ or cruelty??
ajay sethi
(Expert) 29 September 2014
file DV case against your husband and seek reliefs suggested by Mr shroff
R.K Nanda
(Expert) 29 September 2014
nothing to add more.
Rajendra K Goyal
(Expert) 29 September 2014
Claim maintenance for your son.
If you wish the case should be ended early, try for amicable settlement and file mutual consent divorce.
From your previous post about court orders about child visitation in favor of husband and drama being created by them (http://www.lawyersclubindia.com/experts/Child-custody-499286.asp#.VClTG_mSyn0), the possibility of amicable settlement seems bleak, better file DV case to force them to come to settlement table.
K.K.Ganguly
(Expert) 30 September 2014
1. Contest the Divorce petition now,
2. File a DV application claiming maintenance and residential accomodation for your son from your husband,
3. If your husband offers you mutual consent divorce (or you propose it to him), accept it with due one time compensation.
malipeddi jaggarao
(Expert) 30 September 2014
Agreed with the advice of experts Mr.Shroff and Mr.Ganguly.
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
The experts have advised very well, I shall endorse their views and nothing to add more from my side.
