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Agreed for divorce but not providing any financial settlement
16-Jan-2023 (In Divorce Law)
Hi , I'm Tanya. It's been 3 years of marriage. We were together for a year and then my husband left me home for long 1 year and never turned up. After which he sent a divorce notice. Now after a year of fight (as I have no hope ) agreed for divorce but he is not accepting for any alimony. My parents spent 30 lacs for marriage and even now they are somehow keeping me. I was even paying my salary to my husband family. All expenditures were and beared by my parent's only. He is very rigid about taking me back. I m fed up now. Please help me what best I can do . I have even lost my job bcoz of my husband. He has not left me with any option. He says girls are a thing of use and throw. Being a girl itself is my mistake. He has ruined my life but has no worries and not guilty. Please help. Your advise would help to teach a lesson for such a person.
Dear Madam,
You can teach him a lesson by filing several cases mainly 125 Cr.P.C case and DV case with following reliefs.
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PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
You can teach him a lesson by filing several cases mainly 125 Cr.P.C case and DV case with following reliefs.
========================================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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institutional how to file the 125 for maintenance permanent alimony and sheet for the permanent alimony in concerned judicial Courtj that time court will the matter in inside court will proceed the matter and court will decide 125 maintenance petition
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Adv. Shankar Bandi
Bangalore | 400+ Answers
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Hi... if your divorce case still pending you can file a maintenance case against your husband in same petition if not you can prefer a new application under section 125 of CrPC for maintenance and it is the duty of the husband to look after his wife and he can't escape from that what ever may be his situations.
Thank you
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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you have not said what stage the case is in court. and what is job, assets and income of your spouse ? is the matter of Karnataka ? and what your present lawyer says? Lawrato gives me your number so I will send whatsapp message to you asking all these.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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