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(Guest)

I want to divorce my husband

My husband is very arrogant person. I have suffered mental crualty in his hands for last three years.

Now i ve filed divorce under mental cruelty in family court. I have 6 month daughter. My lawyer is saying that i should file for maintemnance for myself & my daughter under section 24. I m a BAMS doctor & working lady & earning 21000pm. my husband is earning 60000pm. m i still eligible for maintenence? How much maintenance i can expect for me & my daughter. Your advise is very important for me.



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 26 Replies

adv.raghavan (Advocate,9444674980)     08 August 2013

i donot think u r eligible for maintanence, once u got enrolled with MCI,it is difficult to get maintanence,so your second question becomes invalid.

adv.raghavan (Advocate,9444674980)     08 August 2013

as regards ur child u can claim for maintanece because both of u have to contribute equally for child progress.

A.SUMATHY 9380902017 (LAWYER)     08 August 2013

Your daughter eligible for maintenance. Don'f file under section 24 it is only for interim maintenance till the disposal of main case..

File Seperate petition under Section 125 Crpc. 

1 Like

(Guest)
Thanks Mr raghavan. My laywer is saying that we can claim for maintenance for myself based on our salary difference. is this possible to get maintenance based on salary difference? How much maintenance i can get for my child from him?

(Guest)
@ A SUMATHY. Thank for your reply. Pls do let me know what does it makes difference filing us 125 than us HMa24?

adv.raghavan (Advocate,9444674980)     08 August 2013

as regards your maintenance it is upto the court to decide ,as far as i am concerned it is not possible. it is better to go for permanent maintenance under sec 25 of HMA 1955.

1 Like

(Guest)

@ Deepti, Dear Didi, are you more worried about the Maintenance or Separation from him?

Why do you want to get separated from him? What were the issues / problems?

1 Like

gd dy (gd dy)     08 August 2013

@ deepti: u don't mention whether u r still with ur hubby or living seperately and for hw many months. besides wht nature of cruelity ?


(Guest)
we are separated since last one year. i m with my parents

Adv k . mahesh (advocate)     08 August 2013

as per the above query and discussion 

1. by taking husband salary you would be eligible for maintenance

2. but already you are also earning respectable salary compare to your husband so in our view court may reject your petition but in your daughter case court will offer maintenance

3. by your divorce case mental cruelty if you have any evidences keep them and file them at the time of filing evidences but if both are agreed then go for mutual consent divorce which would be very fast and easy 


(Guest)

@ Deepti, Didi, why are you with you parents? Go and live with your husband. Who stops you? What stops you? I have sent you a PM. Would suggest to read it and think before you act.

HIRAL THAKKAR (ADVOCATE )     08 August 2013

It is better to settle the matter with your husband and arrive at the compensation amount may be lumpsum and go for mutual consent divorce so as to avoid legal entangles and unnecessary hassles.

(Guest)

Getting Divorce is your choice but you haven't mention the reason that have made you to do that.


You simply mentioned mental cruelity by him--------now what does this mean if you too doing the same mental cruelity on him.

By asking maintenance for yourself after Being a BAMS doctor & working lady--------here you have mentioned 21000/- without any force or any hide & seek.

The orginal earning must be more than what you have mentioned.So,asking money for you even after working through 125 cr pc or 24 or by any begging no. through which social parasites can legaly ask money even after they are sound to earn even they can feed 2 -3 more people through their earning.


So question is why to eye on a husband hard earned money?

 

If you want divorce then go and get even you have gone for contested divorce.This means your husband had not agreed for Mutual divorce or you have been even not bothered to ask him....

 

For child he is bound to provide the half contribution or above decided by court.

But asking money by you--------a very shameful act as I have heard a poor and illiterate women had been moraly supported by court and even by husband.


but now doctors are also begging their hand for petty few thousands of mercy.



3 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 August 2013

divorces do not In cases such as these, a judge may order that party to undergo a mental evaluation. If this party is diagnosed with a mental illness, a judge may order treatment before moving forward with the divorce. 



always go as smoothly as you would hope. In fact, there are certain conditions that can prevent a divorce from being finalized.

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