Divorce & alimony

Hi Martin Sujay,

Thanks for your suggestions!
     
I agree with you that any broken relation in this world takes two to TANGO !! No one in this world is PERFECT and i don't mind falling to my husband's feet if i am wrong.
As it takes two to tango, for any relation to be sucessful both should put equal efforts towards saving the relationship.. I tried to save my relation to an extreme extent keeping my self respect aside for my kids sake.

How can you expect your right to be fulfilled with love n affection who blocks you in WhatsApp when you talk about kids school fees ?
How can you expect love n affection from a man who can't love his mother ??

I strongly believe that every woman should have financial freedom.. Its true that b'coz of him i am not able to find job in my field but still working in BPO to take care of myself and my kid from 4 years (while my husband is enjoying life like a bachelor without any responsibility). 
Kids will never be a burden to MOTHER atleast. Alimony is only to make his tail straight. EOL i have to set everything for my kid.

Sister, first rest assured. Getting divorce isn't easy in this case. Courts rarely give divorce to couples when they have kids. It seems you have custody of child. You should be happy about that. You can also apply for interim maintenance under HMA or 125 (assuming you are Hindu). Your husband is bound to pay it (exact amount depends on case details) even if you can't prove his income.

The only thing not in control is, his care and affection for his kid. Even courts can't compel him to visit his child if he doesn't want to. So my sincere advise is to just let the case run in court. It'll take easily 4-6 years for it to end in family court itself. If you appeal in high court, it'll take another 2-3 years. You can also appeal further in Supreme Court for another 2-3 years. By that time your son will be old enough so even if he gets divorce, its no use to him and no problem for you. 

If you agree to divorce, it will be hard to control things for you, or even trace your husband. At least until court matter runs, you will see each other, at least in court, which should remind him that he has a family to take care of and keep him connected to his son. If he remarries (which he is probably hoping to, since that is the only reason for divorce), life will be very complicated for all three of you.

Your husband cannot get divorce unless he proves credible grounds for the same. And the onus rests with him. In the meanwhile, he is required provide maintainance to you and the child. Facts stated do not suggest any grounds for initiationg criminal proceedings against him.

Engaging an advocate is a matter of choice. You also have the optiion to appear party-in-person.

Martin Sujay.. Yes, you are 100% TRUE and i strongly used to believe in what you said..
But unfortunately everyone does'nt think in the same way.. Hope my husband understand that atleast now.
Explaining my story in mediation (No Option left) which i have never done even to my mom is killing me from inside..
By the way, what is MCD ?

Originally posted by : ABCDEFGNOT
	Can someone suggest me how would it be if i hire a lawyer from District Legal Services Authority in Bangalore ?  I am forced now to compel him to get the rights my kid deserve and alimony. His income is good but is not fixed and i cannot show any proof for his income.. Is Alimony only for unemployed ? What happens if i get a job in future ? Suggestions please :(

Every one can take free legal service one has to give only an affidavit about his income . But there is another way which my Mrs 498a chooses.

She did a partnership with a lawyer that how much i pay during maintenance or in mutual divorce lawyer will take 40% of it and 60% is of her.

No lawyer fees no typing expenditure 

Hi Venkat,

Thanks for callig me sister :) You understood the situation and suggested me in the way i am thinking.. Thanks for your suggestion anna...

Will i get justice if i go through District Legal Services Authority as going through the case for years is not so easy in terms of lawyer fees ..

Mutual Consent Divorce (MCD)

You don't have to fight divorce case for requesting a maitainance. You can file maitainance separately. But if financial situation is dire, then best option is to take control of your life. Meet his lawyer. Discuss issue. Talk to judge next hearing and say things you want to say.  You have not stated his reason in filing divorce.

It is all slippery slope from here. If you try to fight your honor as a wife in court of law you will loose time for family attention. And if you put yourself to work , then you loose divorce case and child will grow up with your parents and will be dettached.

You can't fight at all sides. Focus on the child and things will improve. Give him his divorce and you live the life. Eventually time will heal.

Thanks autohide4u for your suggestions.. I will check with lawyer on which section fits in my case as i don't want to put any false allegations.. 

Hi Mr. Venu,

Thanks for your reply. I want to fight back for my rights but in any case don't want to put any false allegations...

Could you please brief me about party-in-person ?

Hi Sachin, 

Thanks for the information.

In my case 498a will be a false allegation. My lawyer proposed a deal but its too costly :(

Hi whatnot,

Thanks for your suggestion and will think about it.

False allegations to get divorce hurts more..

Originally posted by : ABCDEFGNOT
	Hi Sachin,  Thanks for the information. In my case 498a will be a false allegation. My lawyer proposed a deal but its too costly :(

Dear Quriest,

Good to see that you don't want to alleged any false alegations.

Party in person is the best option and i am also using the same. As you must aware that it is your constitutional right.

Before any court you can say that you are representating your own case and court will allow you if you wish i will also provide the format of application.

But before that read the sections and judgements related to your case.

Have you filed maintenance case against your husband?

Thank you Sachin :)

As I am new to all these technical terms and procedures, your suggestions are welcome.

I hired a lawyer but understood that i may not be able to bear the fees for long..

Plese send me the format of application and let me know where i could get the sections and judgements ?

No, maintenance case not filed yet..

if you are not having sufficient income talk to legal cell , if you fit in there criteria you get a free lawyer .

if you file DV act , 498a through CAW cell , it becomes state vs your husband and you will get maintence plus travel cost.

if you file or fight with personal lawyer, chances of loosing case is bright apart from loosing money and few confidential talks or in home matters to go public which your lawyer can use for his personal advantages , ( like he/she might go to husband and struck a deal)

if you fight in person , then you have to do reseach and give time.

my personal suggestion:: take help from police , NGO, councellor and file for MCD with win win situation for both. or adjust and ask your husband to adjust with current scenario for kid , if not for both .

Bangalore is very costly in terms of lawyer fee and also very costly in terms of travel and day to day expenses .

life is all about compromise , evry one has done compromise at any point of time.

its good you told you dont have intention to file 498a , which is very good indication of settlement for husband , if he is not doing settlement then cry in front of Judge and tell all real facts , he canot get divorce unless and untill you give agreement ot he is having any guinune case against you. so let him dance in court.

in the meantime , ask for maintenance for your kid and yourself, since you worked before chances of getting mentainece is less ,so ask for interim maintenance in first hearing. judge is bound to pass it if you have good case in first hearing of crpc 125

Moreover what is your religion and under which law your marriage is registered , this also can become a factor.