Allimony
Guest
(Querist) 26 November 2010
This query is : Resolved
I want to ask,the procedure of getting allimony ? my sister is going through rough patch in her 6 months marriage. she is staying with us presently. She is studying. her inlaws & husband want a mutual divorce, they are not filing for divorce but want it to be done with mutual concent, whereas my sister is very upset and she does not want divorce. we tried for a patchup but my sister's husband & inlaws didn't cooperate, now we are thinking to file a case for maintenance under section 125 crpc,as my sister's future is stake. But we are not sure that that it will work or not,and if if my sister's husband goes and file for divorce, can my sister ask for allimony?? i have heard that working & educated woman, without a child doesn't get allimony.is it so ???? and allimony is for life long or for few year ??? Please guide me .
adv. rajeev ( rajoo )
(Expert) 26 November 2010
File a criminal miscelleneous case u/s 125 claiming maintenance. Even after divorce your sister can claim maintenance.
Adv Archana Deshmukh
(Expert) 26 November 2010
i have heard that working & educated woman, without a child doesn't get allimony.is it so ????
--not true, maintainance depends upon the income of the wife. If her income is not sufficient to maintain proper living standard, she can claim maintainance. Having a child or not is immaterial.
G. ARAVINTHAN
(Expert) 26 November 2010
I agree with Archana Madam. Wife has to prove that she is not able to maintain herself with the income she earning.
Husband have to provide maintenance to wife to make her live in same status as he lives.
One cannot find reason for no child as the reason may be with husband.
Education is not at all an important criteria to claim maintenance
Guest
(Querist) 26 November 2010
Thankyou very much ...
Arun Kumar Bhagat
(Expert) 27 November 2010
In lieu of 125 CR.P.Code, you file a case under PWDV Act. You will get all reliefs.
Guest
(Querist) 27 November 2010
Thankyou so much , and please kindly tell me what is PWDV act. and how can i get all the reliefs through PWDV.
Devajyoti Barman
(Expert) 29 November 2010
It is domestc iolence act and you can get lot of reliefs under this act including maintenance.
Guest
(Querist) 30 November 2010
Thankyou very much.
