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parveztasmiya (Doctor)     29 December 2010

Regarding Alimony

Hi

Request if anybody on this forum can help with this matter:

I am 28 yrs old, Sunni Muslim lady and an established Doctor by profession. I got married a year ago to a highly placed Software Engineer in Bangalore. It was a dowry-free, simple, arranged marriage. My husband or my in-laws did not ask for any money or other items when the marriage was fixed.

All was good for the first 3 months but later various problems started developing in the marriage becoz of which i had constant fights with my husband.

My husband expects me to work and along with that manage his home. We have a Cook and two maid-servant at home. But i am not interested in managing his home and want to devote all my time to my career.

When it comes to financials, my husband asked me to save some money every month for meeting future expenses, but i did not like the idea and always opposed it, as it was my money. I do not want to contribute to the family as per my husband's wishes. I have a feeling that he's only after my money and married me only for that.

I am not happy in this marriage as my personal freedom is lost. I want to get out of it and re-marry at a later point in time.

A month ago, I had a fight with my husband and told him that i am willing to divorce him (i.e. give Qula). So he packed my bags and asked me to leave his home. I am currently at my parents home.

I want to separate from him, but my parents do not want me to separate.Hence, i've decided not to give him divorce and drag this for long.

What i want to know is:
1. If my husband gives me Talaaq, how much maintenance can i claim from him? He earns about 70K per month and i earn 45K per month. We do not have any kids as of now.
2. How much alimony can i claim from him? He lives in a independent home but that has been built by his father? Can i claim this?
3. What will be the consequences if i file a false 498a case or Domestic Violence case? Will my name or family's name be spoilt in society?
4. Legally, will it be a problem for me to find another suitable match later for alliance?

Please provide advice.

Thanks

Tasmiya Pervez

 



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 2 Replies

surya kiran (SE)     29 December 2010

1. If my husband gives me Talaaq, how much maintenance can i claim from him? He earns about 70K per month and i earn 45K per month. We do not have any kids as of now.

A. You won't get any thing as u are earning decent salary. It shows only your greed ness.
2. How much alimony can i claim from him? He lives in a independent home but that has been built by his father? Can i claim this?

A.Zero
3. What will be the consequences if i file a false 498a case or Domestic Violence case? Will my name or family's name be spoilt in society?

A. There is no violence here, There is no wrong in husband asking to save money for future. You will loose all the cases as there are no merits in ur case, By filing false cases there are chances that he may file defamation and other cases on you.

4. Legally, will it be a problem for me to find another suitable match later for alliance?

A.U can marry only after u obtain divorce from ur current hubby.

Better go for Councelling along with your husband. This is the only solution.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     30 December 2010

Mr.Surya Kiran has given the right advise. Try to re-concile and dont go for divorce by filing false cases. All the best

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