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Sunita Bhandari (Propreitor)     16 April 2013

Divorce

My husband has walked out of the house 10 months ago. He puts a basic amount of money in an account for my survival and has also been giving school fee of my son which is from the first husband. I had been married to him for 9years before he walke out. If he stops paying for my son- can i take some action or not as my son is not from him. The divorce proceedings have still not begun and he still has not filed a case. I think he is doing this to avoid giving alimony.



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 3 Replies

Tajobsindia (Senior Partner )     16 April 2013

1.    Communicate with him, see if any possibility to adjust here and there exists and if at all not possible then move on via a Court Decree (mutual consent divorce).

2.    If he does not meet such obligations then he can be brought to Court.

3.    Alimony (i.e. full and final payment towards past, present and future maintenance for wife / children) are not given just like that in a subsisting marriage without any formality before Court and even if given it leaves door open for challenge by either party including minors via natural guardian.

4.    Hence either party has to have some activity before a Family Court if alimony (i.e. full and final payment towards past, present and future maintenance for wife / children) is becoming bone of contention between couple.


(Guest)
Originally posted by : Sunita Bhandari

My husband has walked out of the house 10 months ago. He puts a basic amount of money in an account for my survival and has also been giving school fee of my son which is from the first husband. I had been married to him for 9years before he walke out. If he stops paying for my son- can i take some action or not as my son is not from him. The divorce proceedings have still not begun and he still has not filed a case. I think he is doing this to avoid giving alimony.


There is nothing to think here.


Your hubby is already paying money not only to you but also to your kid from your first husband, that's a rarity to find these days.


Try talking it out, try convincing him to come back.


For a woman there are more than one way to extract money from husband.

Adv k . mahesh (advocate)     16 April 2013

try to discuss with your husband and settle the matter and do not stress for divorce 

if there is any difference between both of you try to  mediate with a middle man and sort out the problem 

everyone will appreciate the husband without any court order he is doing his responsibility and you are asking question how to raise divorce do not use such words again 


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