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Sangeeta Arya   09 May 2016

Divorce suggestions

Dear All,

I have an query, I am from Allahabad and married to a Delhi boy in 2010 and since then I lived with my Husband in Delhi after marriage. We had no child during the stay with my husband. After a few month I come to my maternal home at Allahabad and not turn back. Reason, my husband demended and harrash me for dowry. I try to resolve the matter and request him to take back me, but he did not do. My husband filed Section 9 in Delhi. I lawyer suggest me not to attend the court proceedings and he got the Ex-parte Order in his favor. Now after a period of 1 year he filed Divorce in Delhi. But I filed Domestic Violence case against him at Allahabad and the Allahabad Court has Ordered him to pay intrim maintenance Amout till the disposal of Case. But he did not comply the Court Order and filed the revision/appeal in Session Court at Allahabad. But the Session Court turn down his appeal. Now he moves to High Court at Allahabad. Inbetween I filed 498A FIR in my nearby Local Police Station. The chargesheet yet not filed in Court. In the meanwhile I also filed for Divorce along with Section 24 & 25 at Allahabad.

I had not attend the Divorce proceedings at Delhi. My lawyer suggest me that he will transfer the case from Delhi Court to Allahabad. But he did not do it and my husband get the ex-parte Divorce Decree. 

What will happen in my Divorce Case at Allahabad after my husband getting the Divorce first. Can I claim multiple maintenance in different Court coz I got already interim maintenance from lower Court and I claim another in family court. 
He has not pay me any maintenance amount just because he challenge the lower court Orders and Session Court orders at High Court at Allahabad. What happen in this situation. Am I eligible for getting multiple maintenance. How can I get my shtreedhan and permanent alimony. Plz suggest. My present lawyer not suggest me well.

Thanx

 



Learning

 1 Replies

Dr Martin Campbell (Doctor)     09 May 2016

If husband won sec 9, he get divorce easily.  He need not pay you any alimony also as you lost sec 9. You can get rent in DV case, but for that DV should have occured. You can file other applications seeking maintenace, but eventually court will cancel other orders and ask husband to pay only one maintnenace.  But as u lost sec 9, no maintnenance for you, you can seek permanent maintenance u.s 125 crpc.  Rest exercise of 498a etc is waste.

Streedhan you can get provided you have original VAT bills, no bills, no stridhan.


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