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Clarification on maintenance after divorce from husband
13-Dec-2023 (In Divorce Law)
I am a Hindu married woman. I am married since 1989. My age is 53. I am a housewife.My husband is a retired central government employee. I have been mentally as well as physically tortured since my marriage by my husband. My only son is 26 years old. He is still unemployed.I want a legal separation from my husband. Recently my husband has found to have an extra marital affair. I have got evidence in whatsapp in this matter. Also he accepted this allegation against him.Now the main question is if I file a divorce case against him without his consent, will I get any compensation for contesting that case? As he gets a pension around 34k /month. And also I don't have any other financial support.Is it possible to get half money from his pension during the case?
proving of adultery takes a lot of time and it turns into a ego fight between both parties, the best thing you can do is file a maintenance case as well as domestic violence case and get maintenance from court and thereafter seek divorce over a hefty alimony. detailed discussion is necessary.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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You can claim maintenance and also file criminal case against your husband for domestic violence. You will able to get maintenance from your husband without his consent. If you want to get divorce and your husband is ready for that, then you can be easily separated from the tie of marriage and you can get divorce from your husband.
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Adv. Rahul Shaw
Durgapur | 25+ Answers
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As per the Service manual, there are Standard operating procedures for such misdeeds. You should first with the evidences go to the immediate supervising officer with the whatsapp msgs. Without knowing further details i cannot advise further
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Adv. Abhishek Mukherjee
Ahmedabad | 100+ Answers
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As per Indian law you can definitely file a divorce case against him without his consent and he is bound to give you maintenance as you don't have any other financial support. As per the law you will get one third of his monthly income. You will get compensation after it is proved that he is guilty whatever charges you brought against him or proven guilty of cruelty against you.
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Adv. Prithish Bandyopadhyay
Kolkata | 25+ Answers
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If your husband tortures you then you can make a formal complaint before your Local police station and also file an application before the Judicial Magistrate for domestic violence against your husband. Yes, you can get half of your husband's pension for that you have file a contested divorce application along with a separate application for maintenance.Remember the quantum of maintenance depends upon the discretion of the Court.
Thanks.
Thanks.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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