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Defending Husband Divorce Petition


11-Feb-2026 (In Divorce Law)
My husband has filed contested divorce petition against me ,I am married have 2 children 35 years age i had an affair with one of my friend last year my husband came to know about this and he fought with me I decided to leave him because of this i left my husband and 2 kids married my friend 6 months back without getting divorce because fear with my husband he filed police complaint and called me twice but I refused to come so he has now filed divorce asking alimony and jewellery how to defend
Answers (2)

Answer #1
918 votes
In this case, the fact that the wife contracted a second marriage without obtaining a valid divorce is a serious legal issue. Such remarriage during the subsistence of the first marriage is void and can be used as a strong ground against her claims. A spouse guilty of adultery or illegal remarriage is generally not entitled to claim alimony. The husband can contest the claim by placing evidence of remarriage, abandonment, and conduct. Regarding jewellery, the claimant must strictly prove ownership and entrustment. The defence should focus on conduct, lack of entitlement to maintenance, and absence of proof for jewellery claims.
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Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

LawRato Chennai | 100+ Answers
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Answer #2
959 votes
Alimony and maintenance under Hindu law (primarily HMA 1955, HAMA 1956) provide financial support to a spouse unable to maintain themselves, either during (interim/pendente lite) or after (permanent) divorce. Key provisions include Section 24 (interim, gender-neutral) and Section 25 (permanent, either party) of the Hindu Marriage Act. It covers necessities (food, clothing, shelter) based on the standard of living, spouse income, and property.
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Advocate Arivazhagan

Adv. Arivazhagan

LawRatoCoimbatore | 25+ Answers
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