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Alimony rights after divorce after 17 yrs of marriage
27-Jul-2023 (In Divorce Law)
I have been married for 17 yrs.From very beginning my married life was not very smooth as my husband is in continuous habit of degrading me by using bad words .But since last one yr the condition has become worse.He stays at home ,drinks alcohol creates a scene every night.He has even started bearing me Nd my children.My husband say daily that I should leave his house Nd go to my mom's place along with my kids.He also says that since he doesn't has any property in his name so he need not pay anything as alimony for children .so plz guide my alimony rights in this case as he says he is in loss.
There is difference between alimony and maintenance. If you are still married then you are entitled to maintenance even your children are also equally entitled for maitenance. If you wants to get divorce then you can go for permanent alimony.
Thanks and regards
Thanks and regards
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Adv. Anand Verdhan Maitreya
Delhi | 100+ Answers
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He will say such things that he doesn't have the money. But as a husband , he is supposed to maintenance you and your children. You have to file a case in family court under section 125 Crpc. If both of you is ready to divorce, you can also file a case for dissolution of marriage. In any case, he is bound to pay the maintenance. It wholly depends upon you, what you want. Revert me. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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Every person is bound to maintain his wife and children irrespective to his wealth and financial condition as right to maintain wife and children is a personal obligation, even enumerated in hindu dharm shastras. So you and your children are very much entitled for maintenance. Further, his conduct as told by you, also comes within the ambit of Domestic Violence Act and you may also go for various reliefs under domestic violence act.
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Adv. Pankaj Kumar
Delhi | 100+ Answers
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The alimony is the total settlement amount when dissolution of marriage takes place which is not the case with you,Besides this there is well established law & lot of judgement which clearly states that husband is bound to maintain his wife and minor children,therefore having no money doesn't makes him escape his responsibility of maintaining you and the children.Therefore a case of Domestic Violence can be filed against him along with a complaint of 498 A and maintenance can be claimed.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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