Alimony after contested divorce


Me and my husband are married for 7.5 years now.we both are hindus's .From past 4 months we are staying separately.I saw him buying gifts for his ex and that is when the fight began. we had a fight for 4 months and then I called his parents for help they asked me to stay with my parents for some days and I followed.Now he is neither talking to our daughter nor taking any care of her.he refused to talk about the issue when asked by our close friend.he is not asking for divorce also. please suggest . Can I file for divorce and still be able to get alimony for me and my daughter?

Answers (3)


102 votes

Hello madam,
I think you first have to sit face to face with your husband and talk things out. Clarify things for yourself than allowing close friends to interfere. Tell your Husband directly that contacting and continuing his acquaintance with his 'Ex' is not appreciated.
Don't be in a hurry to end your marriage- in a Divorce. Think of your daughter and her future. Patch up things immediately before things go out of hand.
No doubt after a year of separation you can file for Divorce and get permanent alimony and also maintenance for your daughter, but then, think before you take any serious decision with ending your marriage.
Reagrds
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142 votes

ya you can go for filing of divorce under the Hindu Marriage ACT 1955 And still manage to get maintenance because u r legally wedded to him and that itself gives you the right to claim maintenance and the court passes the decree of divorce on terms agreed between the parties which is capable of being enforced by courts and it is decided on the basis of merits of the case.Factors also needed to be taken into consideration are status position of husband,reasonable want of wife,wife own income,moreover you are also having the opportunity to go for one time settlement amount.

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299 votes

Your matter seems trivial.. I would suggest that both of you go in for counselling as divorce is not a solution. Even after counselling, if you both don't reconcile...you may file a petition for divorce seeking alimony and maintenance.

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