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Can a woman claim alimony at the time of Annulment?
17-Jan-2023 (In Divorce Law)
My marriage has completed 8 months and I was falsely cheated into this marriage. After marriage i realized that the boy is of unsound mind. i have only stayed with him for one month. what are my legal options? can i go for separation or annulment. am i also entitled to any alimony since my life has been wasted now.
When a person time of marriage unsound mind that marriage voidable.this best ground for divorce because this fact is hidden by your husband family.this fact come in knowledge after marriage so you have file divorce petition against husband and get maintenance and permanently simant form husband.
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Adv. Jaiprakash Kuldeep
Jodhpur | 100+ Answers
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Is alimony compulsory in India?
Alimony can provide some financial comfort to an estranged spouse (even if they are both working). In India, either spouse is required to pay divorce alimony. In most cases it is the husband that has to pay financial support for his divorced spouse. 13 May 2022
How can I avoid paying alimony in India?
Prove that you have no income or less income
You can also prove you are the sole earner in your family and therefore you must pay for all household expenses.
Do I have to pay alimony if my wife is working?
If they meet certain requirements, both working and non-working wives can claim alimony.
Is it mandatory to give money to wife after divorce?
The majority of divorce alimony awards are for a specific period. If you are the main breadwinner for your spouse and kids, and your spouse cannot support themselves financially, you must pay spousal maintenance.
Dear friend as per your question and according to law you have many legal remedies because your marriage is void as per hindu marriage act and you file also criminal complaint against your in laws because they cheated you.
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Adv. Chandrhas Singh
Jaipur | 100+ Answers
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Yes you should ask for the divorce on account of after marriage you realized that the boy is of unsound mind which was hidden from you at the time of marriage.
You can file a complaint under 498A and domestic violence asking relief of maintenance, residence order etc.
However see the chances of an amicable settlement and ask him for one time alimony.
File for mutual consent divorce.
The amount can be asked according to his affordability and his willingness to pay to save his skin and dignity from the allegations of impotency and history of treatment of his mental illness.
To go ahead with a mutual consent divorce is the best thing can happen in your case, provided that he agrees to pay you an alimony which you ask for.
There is no quantumn of alimony can fixed for if you are not mutually agreeable to it.
As such no court orders an alimony on its on based on any criteria without applying and fighting for it.
In mutual consent divorce parties mutually decide on an amount of alimony to settle their dispute and file the divorce joint petition.
The alimony is the monthly subsistence allowance given to wife, if she cannot maintain herself after the divorce.
once the divorce is ordered a wife can file for permanent alimony that which she can asked on the basis of her husband's income, this is asked and ordered on the monthly basis and if parties prefer it they can settle it as onetime payment of alimony.
This also means that after the divorce a wife has to be maintained as per the living standard of her husband. If a wife is earning and capable of maintaining her standard of living like when she was with her husband, her claims of maintenance/ alimony generally defended by the other party, Take the help of an advocate and initiate the proceedings, if needed send a legal notice, calling up on him to discuss the terms of the MCD, proceed further with a settlement to file the MCD.
You can file a complaint under 498A and domestic violence asking relief of maintenance, residence order etc.
However see the chances of an amicable settlement and ask him for one time alimony.
File for mutual consent divorce.
The amount can be asked according to his affordability and his willingness to pay to save his skin and dignity from the allegations of impotency and history of treatment of his mental illness.
To go ahead with a mutual consent divorce is the best thing can happen in your case, provided that he agrees to pay you an alimony which you ask for.
There is no quantumn of alimony can fixed for if you are not mutually agreeable to it.
As such no court orders an alimony on its on based on any criteria without applying and fighting for it.
In mutual consent divorce parties mutually decide on an amount of alimony to settle their dispute and file the divorce joint petition.
The alimony is the monthly subsistence allowance given to wife, if she cannot maintain herself after the divorce.
once the divorce is ordered a wife can file for permanent alimony that which she can asked on the basis of her husband's income, this is asked and ordered on the monthly basis and if parties prefer it they can settle it as onetime payment of alimony.
This also means that after the divorce a wife has to be maintained as per the living standard of her husband. If a wife is earning and capable of maintaining her standard of living like when she was with her husband, her claims of maintenance/ alimony generally defended by the other party, Take the help of an advocate and initiate the proceedings, if needed send a legal notice, calling up on him to discuss the terms of the MCD, proceed further with a settlement to file the MCD.
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Adv. Bharat Aseri
Jodhpur | 25+ Answers
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आप न्यायालय से भरण पोषण राशि प्राप्त करने हेतु १२५ cr.P.c. का ओर महिलाओं का घरेलू हिंसा से निवारण अधिनियम में प्रार्थना पत्र प्रस्तुत कर सकती हैं ओर पति से अलग होने हेतु सेसन न्यायालय में तलाक़ याचिका भी प्रस्तुत कर सकती है ओर चिट्टिंग का परिवाद भी कर सकती है
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Adv. Harish Guleria
Sujangarh | 25+ Answers
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hellow,
you are very well entitled for alimony. you can apply for judicial separation /divorce. if he is unsound mind than it is a ground for divorce.you can apply before the family court for separation as well as divorce and simultaneously you apply for maintenane .
you are very well entitled for alimony. you can apply for judicial separation /divorce. if he is unsound mind than it is a ground for divorce.you can apply before the family court for separation as well as divorce and simultaneously you apply for maintenane .
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Adv. Raj Kumar Saini
Jhunjhunu | 100+ Answers
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