How to file alimony case?
vaishalee
(Querist) 07 March 2012
This query is : Resolved
hello Sir/Maam,i am not living with my husband since he has lot of ill habits like drinking and harassing ,cheating ppl,
borrowing money from ppl and not returning back, womanizer,earning in ill legal ways ect. due to which me and my daughters had face lots of trouble by concern people ,i am separated from him since 5 years,and he is not paying any single paisa as a maintenance of kids or myself,i am bearing all expenses of my daughters with the help of my parents(i am not earning),
since his earning are not in legal manners, i can not show his bank account or C.A./taxation filings to the court neither i cant proove his earning because he is not doing any job ,but the way he is living is very lavish and the minimum cost of his living standard might go up to
1 to 1.5 lac per month (since i was his wife i know his earning is around 1 lac per month)
he is determined not to give us any thing in compensation and maintenance.
in the situation given above how do i go about compensation and filing a suit for alimony?
how much amount can i get as compensation and maintenance?
can i claim for the last 5years compensation and alimony ?
what is the procedures for last 5 years amount to recover?
Raj Kumar Makkad
(Expert) 07 March 2012
There is no procedure to recover for the past 1 day of filing the application what to talk of last 5 years.
A person sleeping unconscious for his legal rights should not expect to get rewards.
I think you are still not ready to go to court rather only getting the knowledge and examining the experts only otherwise you would have gone to court and would have engaged your lawyer and would have put your petition and even if you or your lawyer might have faced any problem that would have been put for us here.
If you may collect information even about his expenditure of last years or present then also court shall come to conclusion about the income of your husband and if it cannot be done so even then he is liable for maintenance allowance to both of you treating him as a labourer earning minimum wages and accordingly you both shall get regular maintenance.
Shonee Kapoor
(Expert) 08 March 2012
Some maintenance amount would surely be fixed from the date of filing of the application.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 08 March 2012
Dear Ms.Vaishalee,
Endorsing what has been said above.
1) Maintenance arrears beyond 1 year in the past are not recoverable.
2) You can file a case for maintenance. You are not required by the law to prove your husband's earnings in exactitude, after proving prima facie basic earnings, the court would be within its powers - and has done so in a number of cases, to put the burden on husband to prove his real earnings because that is something in the exclusive knowledge of your husband.
Kirti Kar Tripathi
(Expert) 08 March 2012
Agree with Bharat, I want to add, under the law a husband is bound to maintain his wife and children. It is no ground that he has no earning. However, he can prove that wife has sufficient means to maintain herself. If he proves so, he can get red from maintenance to his wife but he can not escape from maintaining his children.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 March 2012
In such cases husbands play the tricks of filing RCR with proper defense counsel in row.
Since you do not want to go and can not prove your allegations your efforts for monetary gain will be prolonged irrespective of citations.
H. S. Thukral
(Expert) 08 March 2012
If the husband is able bodied and capable of earning he is liable to maintain his wife and children notwithstanding he is not earning presently. Therefore file a petition for maintenance under CR.PC and if you are a Hindu also under Hindu Adoption and Maintenance Act.
V R SHROFF
(Expert) 09 March 2012
MY DEAR ALL EXPERTS REPLIED ABOVE::
vaishalee is a "STUDENT"
SHRI RAJ IS RIGHT :
Do not waste time on Academic, imaginary Queries.
ajay sethi
(Expert) 09 March 2012
thanks for the clarification mr shroff . if she is a student how can she claim she was married and lving separetely from her husbanfd for last 5 years?
