How to obtain alimony in divorce

979 votes

if your husband is not staying with you and stays with another women then, you can eirther file domestic voilence case or file a divorce petition wherein you can claim maintenance and alimony respectively.

Advocate Siddharth D Magdum LawRato

601 votes

You have not mentioned whether you have any children or not or that you are a working woman or not or that your husband has married the other woman or not.
If he has married her then he is guilty of an offence under section 494 of IPC and can be sentenced to an imprisonment of 7 years.
But if he has not married her then unfortunately there is no provision in the law for a woman to file a complaint against her adulterous husband. If a married man commits adultery with an unmarried woman or a widow or with a married woman with the consent of her husband, his wife is not regarded as an aggrieved party and she is not permitted to make any official grievance against her husband.
But you can seek divorce on the ground of cruelty adultery and desertion and ask for maintenance/alimony.
Nevertheless you can file a case against your husband under section 12 of the DV act seeking order for residence, maintenance and protection from domestic violence etc.
Even if the house is in the name of the FIL even then your husband is liable to maintain you and provide a residence to you and you don't have to vacate the house just because it's in the name of the FIL because you have been staying there for so many years. Considering your income and that of your husband the court will pass suitable orders.

Advocate Sunita Bafna LawRato

718 votes

Hi. You can file divorce petition and in that you can ask for alternate accommodation. You have not mention that either you have any kid ? Are you working ? Right now where your residing? Where your husband is working ? And how much salary he ur earning?
Best regards,
Adv. Jyoti Kolhe

LawRato LawRato