LawRato

Divorce query


14-Aug-2023 (In Divorce Law)
If girl put divorce case then will she not get alimony? What is the truth behind this? Has she no right to refuse to stay toxic husband?
Answers (5)

Answer #1
579 votes
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
Chat with Advocate Jitender Singh Chat 
Answer #2
523 votes
Yes of course, she will have to prove that the relationship was toxic. she can choose not to live with him because of his bad behaviour which disables or make it impossible for her to live with him. since they are married and have been married, the able one should maintain the unable one, meaning earning husband should maintain un-earning wife and vice versa. This is called as maintenance under section 125 of the code of criminal procedure. Also compensation in the domestic violence act in lumsum amount as well as monthly in addition to 125 Cr.P.C is available.
Helpful? LawRato LawRato
Advocate Maaz Akhtar

Adv. Maaz Akhtar

LawRatoDelhi | 100+ Answers
Chat with Advocate Maaz Akhtar Chat 
Answer #3
836 votes
She has every right to file a maintenance case against her husband regardless of the pendency of her divorce case. Nobody can compel her to reside with her husband. If you need assistance with that you may consult me.
Helpful? LawRato LawRato
Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
Chat with Advocate Puneet Srivastava Chat 
Answer #4
556 votes
girl can seek alimony in the divorce case itself. however grant of alimony depends on various circumstances. recently Madras High court ordered 50% of husband's property to wife as alimony. it is not a compulsion to stay with husband who commits criminal acts on wife.
Helpful? LawRato LawRato
Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
Chat with Advocate Kunal Seth Chat 
Answer #5
779 votes
Even if the divorce petition is filed by the wife on any ground be it be a cruelty or adultery she will be legally entitled to get interim maintenance or a lumpsum one time alimony provided she is not capable of earning and doesn't have enough resources for her subsistence
Helpful? LawRato LawRato
Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
Chat with Advocate Anubhav Kathuria Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

Kajal
Thanks everyone for the answer. My name is Kajal. I am stuck with toxic relationships . It

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato