Got one-sided divorce granted against petitioner without any alimony

773 votes

You are within your rights to claim maintenance from the court under section 144 of Bharatiya Surakhsha Sanhita, 2023. However this right is subject to other circumstances. For precise advice detailed analysis of the facts is required.

Advocate Harshit R Gupta LawRato

657 votes

Hi, Your facts are very surprising as the courts are undoubtedly non biased and are very clear on women rights. Courts generally grant alimony to women. However, without going through the details of your documents it would be completely incorrect to advise.

Advocate Vishali Verma LawRato

736 votes

Maam in normal circumstance this is never the case but since you haven't received any alimony or Maintenance there seems to be certain things which must be against you as you haven't mentioned it here it won't be possible for to suggest you anything in this regard . I request you to call me to get a solution for the issue.

Advocate Anshul Dutt LawRato

975 votes

Your situation requires careful consideration of available legal remedies after exhausting the appeal process. Since both your High Court appeal and Supreme Court appeal have been dismissed, the divorce decree has attained finality. However, you still have the following options: 1. Review/Curative Petition: If there are substantial grounds such as manifest error apparent on record or violation of principles of natural justice, you may file a review petition or curative petition before the Supreme Court within the prescribed limitation period. 2. Fresh Application for Maintenance: Even after divorce, you can file a fresh application under Section 125 CrPC for maintenance for yourself and your minor daughter. This is independent of the divorce proceedings. 3. Child Maintenance: For your 14-year-old daughter, you can seek maintenance under the Hindu Adoption and Maintenance Act (if applicable) or under Section 125 CrPC, which continues until she attains majority or gets married. 4. Modification Application: If circumstances have changed materially since the divorce decree, you may apply for modification of the original order. Critical Considerations: Understand why alimony wasn't granted initially - was it due to procedural lapses, insufficient evidence, or substantive grounds? Gather financial documents showing your need and your former spouse's capacity to pay Document your role in raising your daughter I recommend consulting with a matrimonial law specialist immediately to evaluate the most viable option based on your complete case records and current circumstances.

Dr Ajay Kumar Pandey LawRato

717 votes

Hi you can file for maintenance under section 144 bnss seeking maintenance for yourself and your daughter. You can get such maintenance till the time you get married again . Also you can settle this matter and get alimony

Advocate Bhawani Gupta LawRato