Are we entitled to maintenance if we file for divorce?

Sister's husband does not want to divorce her. But sister want divorce him. Will we be entitled to maintenance from him? We have no proof of gifts given and car given. How can we claim it back? Is there any court fees involved if we file for divorce?

Answers (4)

81 votes

Dear sir

There are many grounds for divorce to begin with. So we need to focus as to why your sister needs a divorce. Grounds like cruelty, adultery etc.. Courts these days see various factors before deciding the quantum of maintainence. For instance, if the complainant has a child from the wedlock and then the age of the child yo determine the amount of maintainence. Then the court sees if the complainant is qualified enough to earn a living and if she is deliberately not working to extract maintainence out of the husband amongst many other factors. But yes essentially she will be entitled to maintainence. Proof of gifts in marriage have varuous connotations. Also if you have brought any 'stridhan' then it shall be returned. If you say u gave it as part of dowry then u wil have to prove your averments. You can always filean application tgat u want your stridhan to be returned.

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164 votes

Yes you are entitled to maintenance even if you file divorce yourself, provided you show that you are dependent and not having enough sources to maintain a lifestyle which you maintained with husband previously. As far as receiving back gifts are concerned you can claim them back and with circumstantial probabilities you may have chances to get back. Nominal court fees is involved in matrimonial cases.

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326 votes

Yes, you can still claim maintenance or go for a lump-sum figure as a consideration towards final settlement of your dispute.
Coming over to your next query, you can claim your belongings by mentioning the list of gift articles in your complaint to CAW, along with the annexures of invoices or receipts, if any.
As far as court fees is concerned, the same is very nominal.
In case you still have any doubts, feel free to post the same.

179 votes

you can claim maintenance and marriage photographs can be used to prove the gifts and car etc.There are other ways to prove.A very nominal court fees and expenses are incurred.You need to consult the lawyer personally.

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