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How to take divorce and alimony
22-Nov-2024 (In Divorce Law)
Hi
I have fighting for my case 5 yrs and now I got 6k interims pass order but since my husband did not come for hearing. In the past he did the same thing and his case was we partee case. Now I have two questions. How will take divorce from him since he is not coming to court?
2 how will take my maintenance due amount from him which is approx 3 lacs as of now.
I am a cancer patient and my monthly medical expenses is approx 15-20k per month but his lawyer didn’t accept that I have such problems. My husband didn’t want to give alimony, maintenance nor divorce to me. Purposely he is putting delay in my cases. Which is a mental harassment. He has two house he is working and he has cab business also but he denied for all source of income. As per Latest law 7lac income you can hide and file nil returns which he filled. Rest past yrs he is not showing to court. Give excuses he will submit it next date but it never happens. How to get out of this hell ? I need money for my survival. My treat
Hello,
After receiving a maintenance order, you need to file an execution case to recover the amount from the husband’s property. If he fails to comply with the maintenance order, the court can issue a warrant against him, including arrears. If proper maintenance is not granted in the lower court or no satisfactory outcome is achieved, filing an appeal in the High Court becomes the next step. However, pursuing these legal actions will require financial support.
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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We can file a divorce case on the grounds of cruelty and mental harassment and a maintenance by showing you medical conditions we can request the court to grant you a monthly maintenance for your treatment in the recent judicial my SC the court has directed the husband to give the wife or divorced wife the same luxuries life even after divorce as she would have lived in the marriage.
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Adv. Karishma
Delhi | 50+ Answers
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To obtain a divorce from your husband despite his absence in court, you can file for an ex-parte divorce, citing his repeated non-appearance and deliberate delays. The court may grant the divorce if it believes the absence is a strategy to avoid proceedings. Regarding your maintenance dues of ₹3 lakhs, you can file an execution petition to enforce the court's interim maintenance order and seek contempt of court action if he refuses to pay. Additionally, you can request the court to investigate his true income and assets, especially given his false income declarations. To support your claim for increased maintenance due to your medical condition, provide medical evidence and bills to show your treatment expenses.
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Adv. Aman Verma
Delhi | 50+ Answers
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