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Does it matter who files for the divorce?
20-Feb-2025 (In Divorce Law)
i am Hindu. my mom wants to initiate a divorce from my dad. tell me will it effect alimony? or does this have any effect at all? should we wait for my dad do it first?
Your father's income will be the primary factor in determining any alimony obligation. Pursuing a legal separation or other related action will not negatively impact the calculation of such support. While this provides a general overview, a comprehensive consultation with a legal professional is strongly recommended to discuss the specifics of your situation and ensure you receive tailored advice.
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Adv. Atul Vasisht
Adv. Atul Vasisht
Delhi | 25+ Answers
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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.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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Theoretically No but Practically Yes. It certainly matters who files divorce and how needy the person is vis a vis divorce. Eg. if your father wants to marry someone else, he would be desirous of getting divorce quickly. In such conditions the opposite side can use it as a strategy to stall the divorce proceedings and take it slow and then later use the pressure built so in compromise.
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Adv. Vikas Sharma
Adv. Vikas Sharma
Delhi | 200+ Answers
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Hello,
Your mother can file S125 Cr.p.c for maintenance, APPLICATION / PETITION. UNDER SECTION
144 OF BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 {U/S 125 CR.P.C) FOR GRANT
OF MAINTANANCE.
Also you can file Domestic Violence Complaint in case any.
It will not affect maintenance incase you file divorce.
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Adv. Jayatee Chatterjee
Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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Let the husband file the divorce case first as in that case he will pay litigation costs to the wife for compelling her to come to the court and answer the claim of the husband. So far as alimony is concerned Initiation of divorce proceedings by either party do not have any effect on the amount of alimony that would be granted.
Deciding the alimony amount depends on a number of factors to be considered by the court, like the status of the parties, their income, assets, liabilities etc. Also the employment status of the wife is also taken under consideration by the court which also plays a significant role in determining the amount of alimony.
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Adv. Divya Verma
Adv. Divya Verma
Delhi | 25+ Answers
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