Alimony

Guest (Querist) 29 November 2011 This query is : Resolved
Husband applid for divorce and i am ready to accept it. We spent a lot for our marriage expense around 50lak.
So i asked for 1crore (50lak - marriage expns; 50 lak alimony).
But he says he cant give any amount..
The case s goin for 2 years.

I am fexed. How to proceed?

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ajay sethi (Expert) 29 November 2011
how much is your husband earning per month ? does he have dependent parents?

settle for divorce by mutual consent . go by your lawyer advice

Rajeev Kumar (Expert) 29 November 2011
Agree with expert

Shonee Kapoor (Expert) 29 November 2011
Depends how long back he was giving what?

The interest for two years would have covered some of it.

Amicably settle the differences and go for MCD

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate M.Bhadra (Expert) 29 November 2011
An order of alimony/maintenance depends on your husband's income and liabilities but it would not be your satisfactory level.So it is better for you to settle your demand through your Lawyer out of the purview of the Court and take it before giving consent on mutual divorce.

M.Sheik Mohammed Ali (Expert) 29 November 2011
yes, i do agree

Devajyoti Barman (Expert) 29 November 2011
If your husband does not agree then you have no option but to apply for maintenance both under the section 125 crpc and section 12 of PWDV Act.

Raj Kumar Makkad (Expert) 29 November 2011
As your divorce case is already pending so move an application under section 24 of HM Act therein to claim at least regular maintenance allowance till the disposal of this case and simultaneously file 125 Cr. PC and DV Act.

Guest (Querist) 30 November 2011
he earns less than me only. But he took lot of money from me before marriag as weell after marriage..
And for marriage also we only spent a lot. They forced us to do that marriage expens.

And now he applid fr divorce. Whats the use for me.

he just used me for money and ...

Atleaset i expect to get back the money

M/s. Y-not legal services (Expert) 30 November 2011
you can settle the issue regard the expended money out of court only., court can not direct him to refund the marriage expenses.. so just consider about mutual divorce, along with out of court settlement what is possible to repay with in his capacity.

Devajyoti Barman (Expert) 03 December 2011
Legal recourse is now the only option for you.

Shonee Kapoor (Expert) 06 December 2011
If he is earning less than you, the alimony is not possible.

For monies given to him a civil suit of recovery could be filed separately.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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