madhuri 24 October 2015

Divorce and maintenance related

URGENT HELP REQUIRED...! PLEASE HELP

Hi Everyone,

A brief background about my case.

I am an ex air hostess quit my job in 93 and has been a housewife ever since. I have been married for the past 25 years now. My husband has a business He had a habbit of keeping us deprived of daily expenses and I literally had to beg for money to pay daily expenses of food, electricity, etc. He had mentally and emotionally tortured us a lot.

About 6 years back he was detected with cancer and we as a family supported him through his 2 operations and chemo, radiation. Now he fine in health and does not have any problems health wise.

About three years back, due to a small tiff between my husband and my son, which was blown out propotion by him(my husband), he asked my son to leave the house. My son left the house to work in Pune.

About 15 - 16 months after my son moved out. My husband, me, my son (Age 24) and my daughter (Age 20) had a severe fight. Post which my husband took my daughter away with him. She was instigated by him to say a lot of bad words and things to me. I was left alone for a good 11 months.

After 11 months my husband started saying that he is going to leave my daughter on the streets and go away as he could not take her responsibilities. But since I loved my daughter a lot, I took her back. Ever since this man has left me I have been asking for maintenance. And he says that he will give and he gives me 10 - 15 thousand rupees in 3 months.

He took away the gold I had and mortgaged it which was sold off by the bank since he refused to pay the emi for the gold loan, he is still away from home for more than 15 months now. He had a lot of business liabilities, which he always used to mention of, roughly about 5 cr (Including statuatory liabilities like 80 lacs in property tax etc..) The house where I stay has my name as secondary owner as per the share certificate. The house has a pending dues of 6.5 lacs (loan emi) and 5 lacs (society maintenance).

Now my questions:

1. I have filed the petition for divorce and he has refused to contest. Can I still get my divorce one sided with alimony?

2. As mentioned before he has created a lot of pending liabilities. Will this be affecting mine or my childrens' future and careers? We(me, my daughter and my son) are financially not that stable to take responsibilities of his liabilities.

3. Can my son protect himself from his liabilities? My husband has threatened him to spoil his career.

4. My Daughter is not married and has to yet finish her studies. Will she be getting any maintenance?

5. It is become very difficult for me to make my ends meet. Till the time I dont get a divorce will I be entitled for any maintenance.?

Awaiting Reply

Thanks

Reply Follow

8 Replies

saravanan s (legal advisor) 24 October 2015

If he doesnt contest you wil get ex parte divorce and maintenance decided by court.both you and your daughtr can claim maintenance under crpc 125. You can claim maintenance even without divorce

Anil Upadhyay (Lawyer) 24 October 2015

Your Queries :-

1. I have filed the petition for divorce and he has refused to contest. Can I still get my divorce one sided with alimony?

Ans. Yes you can get Ex-Parte Divorce.

Ans. Depends on the loan type, if it is secured against assets, then the assets shall be disposed by the lender, but if loan is on his perosnal guarantee then you all are safe.

3. Can my son protect himself from his liabilities? My husband has threatened him to spoil his career.

Ans. If your son is not the Guarantor for the borrowed money, then he is safe. Only your son can make or spoil his own career.

4. My Daughter is not married and has to yet finish her studies. Will she be getting any maintenance?.

Ans. Yes, your Daughter is entitled for maintenace.

5. It is become very difficult for me to make my ends meet. Till the time I dont get a divorce will I be entitled for any maintenance.?

Ans. Yes, you are entitled to claim maintenance.

Thanks

advocateanilupadhyay@yahoo.com

SAINATH DEVALLA (LEGAL CONSULTANT) 24 October 2015

Well suggested by the above Lr Advocates,nothing more to add at this stage.

(Guest)

All wrong advice by above Mr Vakeel ji. He has just answerd like objective question type, bt has not told the repurcussions of his reply. Better go to a lawyer, sit in front of him and ask all these questions.

SAINATH DEVALLA (LEGAL CONSULTANT) 26 October 2015

Dear Querist better go as per the advice and suggestions of the legal experts and not logical advisors.U R here for legal solutions and suggestiions,but not logical replies.Logical suggestions have no bearing in the court of law.

Anil Upadhyay (Lawyer) 26 October 2015

Mr. Gyaan we are not here for arguments and we only answer the question put before us. If you think that above advise is wrong then, please give right advise to the querist.

We put legal advise asked by the querist, so please think before such ridiculous comment.

Thanks

(Guest)

Originally posted by : madhuri

Now my questions:

1. I have filed the petition for divorce and he has refused to contest. Can I still get my divorce one sided with alimony?
You can get, if it go exparte but just to trouble you husband can go for appeal against trial court order iin HC. some more years wasted.

Vasooli karne toh log aayenge, thats for sure, you show divorce decree or call the police, they will surely trouble you. No reprise from this, though you may show divorce decree to them, it will only appear that you both are fooling them after taking loans. Start working/ask your son to find a job.

3. Can my son protect himself from his liabilities? My husband has threatened him to spoil his career.
Your husband ran away, people will catch you or his son.

4. My Daughter is not married and has to yet finish her studies. Will she be getting any maintenance?
If you file 125 crpc application, you may get alimony but for that court should find him and he should have some property right so that court will auction it and sell it and then give its proceeds to you and your kids? Said property itself is in debt. Max your husband if cot will be sent to jail, for period of 1 month and old balance maafi.

5. It is become very difficult for me to make my ends meet. Till the time I dont get a divorce will I be entitled for any maintenance.?
Yes, IA application file and you get IA, but for all, aadmi milna, uske paas paise rehna, oopar se iska koi thikana nahi. which court can do what with these kind of ppl?

In your situation, if you file some alimmony case and divorce csae 4-5 lawyers will make good money, they will also suggest you to file 498a etc, going court is waste of time.

Awaiting Reply

Thanks

Better start earning money, ask son to get job, earn money and get you all out of this problem. or you can do one thing, you can take fresh loan by another party and pay of old loans, that is also another option. But I dont suggest you to go to court either for divorce or alimony, 25 years of marriage and you go court? You must be 55 something, judges themselves are not more than 40 these days, it be shame on your age to go and stand before some baccha and ask justice.

prabhakar advocate (advocate) 26 October 2015

Anil Upadhyayji's answers are perfect. You try to understand them and later on with the knowledge you get after going through those answers approach your local advocate, so that you can interact with him informatively. Best of luck.