Enquary about divorce law
anamika saha
(Querist) 10 November 2013
This query is : Resolved
I am 29 years old.married house wife.& I have 9 months old child.From 5th february 2013 onwards I am staying with my parents due to domestic problem with my husband.For the last 3 years I suffered many physical torture from my husband & during my pregnancy time he also tortured me.But I didn't lodge any police complaint because I hoped that we will be able to solve this problem through family discussion. But now I am seeing that it is not possible because my husband is not in a mood to settle this matter.He doesn't respect me & I know that he will not stop torturing me. Now my question is If I file a divorce case against my husband will i get alumni for me & my child ?? & if my husband files a divorce case against me then in this case will i get the alumni for me & my child?? & also one more question, how much alumni will i get??
Devajyoti Barman
(Expert) 11 November 2013
Are you working for gain?
If you are not a working lady or earning much less than your husband then you and the child both are entitled to maintenance.
You are entitled to accommodation as well.
Divorce case filed by either of the parties is no hindrance to get alimony or maintenance from your husband.
You are entitled to host of reliefs including monthly maintenance and provision for home under PWDV Act.
Do get proactive to enforce your legal rights.
Rajendra K Goyal
(Expert) 11 November 2013
Well advised by the expert Devajyoti Barman ji, nothing more to add.
V R SHROFF
(Expert) 11 November 2013
Fully agree with Shri Barman
Adv. Chandrasekhar
(Expert) 11 November 2013
In both the situations, either you file divorce petition or he will file divorce petition, during the pendency of divorce petition, you and your child are entitled to interim maintenance. Once divorce is granted, you can move application for permanent alimony. If you are unemployed, the interim maintenance range from 1/3rd to 1/2 of his income. Without resorting to divorce petition, if you want to get maintenance, then you can file S. 125 cr.p.c. maintenance for yourself and your child. As Mr. Burman suggeted, you are entitled to residence under Domestic Violence Act till your marriage with him subsists.
prabhakar singh
(Expert) 13 November 2013
In the very first line of your query i find you said 'I am 29 years old.married house wife.& I have 9 months old child'
Then you as well as your child has got right
to be maintained by your husband.
Who sues for divorce is no matter.Alimony would be awarded to you and your child.
Even if you do not sue for divorce and he also does not choose to do so you can claim your and your child's right of maintenance by a petition of complaint to be lodged by you under section 125 of Cr.P.C. or under a DV case or under both.
The amount would depend upon earning and status of your husband and your capacity to earn if you are educated lady.
