I was married in 2004, we had some problems to continue relationship after 7 years of our marriage. She finally left my house on 4th May 2011 along with our four and half year old son. Just after the she left I filled petition on 9th May 2011 under section 13 – Hindu marriage act for divorce on the basis of cruelty.
After 4 months, she filled and FIR in Mahila Police station under section 498A and 406. Also she filled petition under domestic violence (section 18,19, 20, 22 and 23). In July 2012, the magistrate passed an interim order for maintenance of INR 3,500 per month against which both of us has filled appeal in higher court.
In Oct 2012, I also filled a petition in family court for custody of the child under section 25 – Guardian and wads act 1890.
I tried a several times that if both of us do not want to live together better we go for mutual divorce but she has got a negative approach and she want to harass me at any cost.
In our divorce petition the mediation has been done but it was not successful. I have a few question regarding the divorce case…
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In case I got the decision in my favour for the divorce case from the lower court, how much time will I get to deposit the alimony.
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How does normally court decide the amount of alimony. And what is the process. It is like that until the alimony is not given, the divorce is not granted. What if she refuse to take the alimony and go the higher court against the decision of family court. Than again I have to fight for a few years there???
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The only thing that can prevent me from any action from the higher court is that I should remarry someone with in one month I get order of divorce from the lower court. Is this true?
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After giving her the alimony, still do I need to give the maintenance amount being paid under the domestic violence case.
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If I win in the divorce case, how is it going to effect the 498A and Domestic Violence case.
If more information is needed from me in order to give me an advice, please feel free to ask.
Thank you.
