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Divorce advice.... need to know my rights


09-May-2023 (In Divorce Law)
I am living separately from my husband since 3 months now... I want divorce from him.... all the gold & jewellery given to me in marriage & after that is kept by my mother in law. There is no effort from there side to resolve issue... i m working too.... how can i get all my jewellery from them & am I eligible for alimony?? My husband had hit my father & has hit me also...
Answers (5)

Answer #1
637 votes
Hello ma'am. I have perused your query. You can always file for divorce on the grounds of cruelty apart from filing a criminal complaint under s 498A IPC or take recourse under the DV act. As far as your jewellery is concerned have you made a demand of the same? In case you have and there has been no response from their end you can file an application in the family court which will be treated as a plaint. You may also file a complaint for criminal breach of trust. Please feel free to reach out to me in case you wish to discuss the matter in detail.
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Answer #2
980 votes
hello Apoorva hru
as I have read Ur problem it's seem to very reasonable as well as very much serious in nature been human we do not ever aspects this type of behaviour with any humans in present human educated society.but as u asking yes there are ways by which you can get all you allimony back as well as you are also eligible for maintenance as well as compensation as well .but for tht purpose you need to go through legal process you will get divorce also do not worry.
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Answer #3
504 votes
Not every former spouse receives alimony, which is also called spousal support or maintenance. Alimonywill be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it.
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Answer #4
908 votes
Dear Madam,
As you have stated that you are living separately since 3 months , but you have not mentioned about the date of your marriage. It is important before any needful legal advices given.
If you are working women then you can not claim for Alimony, if your job is pvt. then chance can be managed or generated, it all depends on discussion on your issue.
Yes you can claim fir your jewellery from your marriage time offered what ever fir your use only.
You may consult online for proper legal guidance , drafting and filing of cases.
Thanks
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Answer #5
635 votes
Hi,

There are legal remedies available to you which you have not exercised by you as per your statement above.

A case of domestic violence can be made out for hitting you at the Crime Against Women call of the local police. A separate case of assault can be filed by your father at the local police station.

A complaint of dowry can be initiated if there was a force and demand for money and jewellery.

Lastly, based on all the material evidence available a divorce petition can be filed at the family/district court.

You can call me for a proper analysis & discussion.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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