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How to get divorce and claim maintenance from husband
17-Mar-2023 (In Divorce Law)
See I am from lower middle class family and not much money for spending on divorce case of my sister.you must have idea about social pressure that middle class families have about these sensitive topics. So here is the situation my sister got married in june 2014 and when started living with him , in initial days everything was fine and the she notice her husband is giving so much time over phone and delete number after talking. She opposed it and asked and he never replied. Also after that what he said to his family they started making issues on trivial things . He left my sister at out home in october 15 and never took her back. Since my father is very orthodox and he is saying that girl has to be down to boys and should compromise on some terms . her husband is earns around 25k a month and is has some land in UP.
In that case u have to file a domestic violation case and divorce case against her husband, this is the only remedy pertaining to your sister case, try to convince your father and file a case imat your place
Helpful?
15+
15+
Adv. Akhil Verma
Delhi | 400+ Answers
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As per your query your sister have doubt that his husband is in adultery, thats why he left your sister, so it is also kind a cruelty it is a ground on which your sister can filled divorced in court and if she is unable maintane herself she claim for maintenance also
Helpful?
24+
24+
Adv. MD Faiz
Delhi | 25+ Answers
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Hello,
For the query you posted, I would advise the following;
First of all, the matter is to know which religion is followed by the husband and wife, which will decide whether the marriage will be governed by Hindu matrimonial laws or Muslim personal law.
Thereafter few details shall be needed to proceed further and a divorce petition can be filed before the court.
For the matter concerning maintainence or for that matter alimony, there are a lot of judgements which are in favour of giving maintanence to the wife after separation. The divorce shall take its time but in the meantime a maintanence will be fixed by the court to be given to the woman.
Matrimonial matters contain intricate issues and focus on detailing, with the limited facts you have provided, I believe, this answers your query.
Best
M. Faris
Advocate
For the query you posted, I would advise the following;
First of all, the matter is to know which religion is followed by the husband and wife, which will decide whether the marriage will be governed by Hindu matrimonial laws or Muslim personal law.
Thereafter few details shall be needed to proceed further and a divorce petition can be filed before the court.
For the matter concerning maintainence or for that matter alimony, there are a lot of judgements which are in favour of giving maintanence to the wife after separation. The divorce shall take its time but in the meantime a maintanence will be fixed by the court to be given to the woman.
Matrimonial matters contain intricate issues and focus on detailing, with the limited facts you have provided, I believe, this answers your query.
Best
M. Faris
Advocate
Helpful?
10+
10+
Adv. Mohd Faris
Delhi | 100+ Answers
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Hi, Please contact us through Lawrato so that we can suggest you comfortable package as legal fee for the cases to be handled for your sister. Please note, if your sister is not working, then she is entitled for maintenance from her husband. In this way, she can pay to her advocate also and can fight for herself. Do not waste time and go ahead to fight for justice.
Helpful?
20+
20+
Adv. Brijinder Khurana
Delhi | 100+ Answers
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You will have to file the petition before the Honb'le Court as per the jurisdiction under section 13 (1) Hindu Marriage Act and for maintenance under section 125 Crpc. Husband is bound to give maintenance to separated wife, says Supreme Court.
Helpful?
23+
23+
Adv. Divya Garg
Delhi | 25+ Answers
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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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