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Alimony in ex parte divorce

Page no : 2

Anjuru Chandra Sekhar (Advocate )     14 May 2013

No.  In Divorce petition itself, she can move an application under section 27 of HMA to claim her Stridhan back, enclosing the list of articles that she left at her matrimonial home which forms part of her Stridhan.  Family court will have to adjudicate on the matter by taking your admissions, denials and proof submitted by her and you in support of your admissions and denials.  Admissions means, you will say to court, in the list she enclosed I admit that such and such items are there in my house I will return.  Denial means, such and such items she presented in the list are never given to us at any point of time, nor they were present at home.  Having heard both sides on that application which is part of your Divorce petition, the court makes such provisions in Decree as it thinks fit, means, includes judgment on the list of items that you owe her as part of decree of divorce.  That is civil remedy available to her.  Another remedy of S.406 IPC and Stridhan can also be claimed under DV Act.  They are criminal remedies.


(Guest)

 

Originally posted by : Deleep


There is a wide gap between the lawyer's practical approach and a suffering husband's emotional approach. 

Emotional, try not being a fool, its all about money now.


I do respect all your comments but you will have to come out of the lawyer's mind and think in my perspective too.

 

I am looking for a best and quick solution and hence seeking advice from experts here. I dnt want to contest and see her face again in my lifetime. 


Quickest possible solution I have told already.  Let me tell you one more time.

 

Told you already cheapo, best way out is to pay your lovely money.


What more you want than to get rid of your lovely wife???  She get money, you get your freedom..

 

Only technicality for your lawyer would be bring down it in writing that its a once and for all permanent alimony where you pay in 1 shot and need not worry to pay again.

 

I couldnt accept your comment that 'court will grant whatever lime soda she claims'. One of the lawyer told me that she has to file a separate criminal case to recover what she has left behind and judge cannot give verdict for the things she left behind. Could you please clarify?

If you are not contesting the case, then its lesser than lime soda, even if she asks a zillion dollars as alimony, it will be awarded.


I had replied in the same context, but thats missing.


When you do not contest the case for alimony or the 15 lac thing, burden of proof is on you.  Its you who has to prove in denial, with factual evidence.
 

Thanks,

Deleep


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