Swathi Vanka 26 November 2018

alimony

I got married in 2010 and since then I have beign physically and mentally abused by my husband.We now have 2 children aged 6 & 3.Unable to tolerate his torture I came away from his home in March 2017.After that we had few conversations regarding continuing of our relationship through the local heads and family members.But he refused to mend his ways.He was also in relationship with another woman.Now he wants to go for a mutual divorce n settle up things with a mere amount..I was not ready for divorce with such a less amount since I have the responsibility of raising two kids n my daughter aged 3 is also not in good health condition.My husband says that if I am not ready to sign n mutual consent papers by taking the money who offered..he won't be in touch with us anymore and would be changing his address and all so that I could not know about his whereabouts and there by I cannot get anything as alimony for him?He is professor in a reputed college and earns almost 2lacs per month.I don't have any job.Please suggest what to do!

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 26 November 2018

Dear querist,

Your husband is liable to maintain you and your kids morally and legally.

In case it has become impossible to live together then first of all file maintenance case under section 125 Crpc in order you have basic necessities and proper medication of daughter.

If you dnt want to settle with less alimony considering your and kids future no one can force you for settlement.

As your husband say he will go somewhere you cannot trace this something weird and does not stand strong in eye of law, as if his statement is accepted then no will pay maintenance and alimony and rum somewhere.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

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Swathi Vanka 26 November 2018

Sir...Thank you for the reply..He offered to pay 10lacs as alimony without any maintenance..I feel 10 lacs for life long n maintenance of 2 kids is really difficult these days.Can I get more if I file for maintenance? People here are advising me to go according to him n mutual consent as dealing with maintenance and going to courts is a long procedure.so should I file for maintenance or should I settle things with the amount offered.?

Adv Deepak Joshi +917017821512 (Advocate) 26 November 2018

Dear querist,

You have two choices either you settle for what your husband is offering or fight for justice and betterment of two children’s.

As you said your husband earns around 2 lac per month you and your children’s are eligible for maintenance of about 30 to 40 % of his salary.

Yes, do agree that court case take time but think of what you will get after court case and what currently you are getting, do not go with words of other people they not help when you need. Take your own decision and fight for yourself.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

Swathi Vanka 26 November 2018

Thank you so much for your suggestion sir..They really will help me a lot.