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Legal right of alimony if mutual divorce has been filed
22-Dec-2023 (In Divorce Law)
I have been married exactly for a year to an Nri in uk he has a british passport. The wedding took place in delhi. After 4-5 months of being in uk he has made a decision to take a divorce and plans to file a mutual divorce in uk. What are my rights on alimony? He earns 24lakhs/month and has a house here. We are both hindus.
You do have a right of alimony. But the jurisdiction can be decided in accordance with under which law you got married. If its Hindu marriage act it will have to be India. Also where you got the wedding registered.
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Alimony is usually decided as per the status of the parties. Its upto you, to decided the same and both of you should mutually agree to it. You can call us for informing us your status, your earning status and the status of other party.
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Adv. Brijinder Khurana
Delhi | 100+ Answers
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You can file a case under sec 12 of domestic right and also under sec 125of cr.p.c. As your marriage was solmenised in Delhi, India the Delhi courts will have jurisdiction to address and give appropriate relief.
As your husband is owning a house in India, you seek residential rights to stay in that house along with a monthly maintenance. You can also seek stay by court restaining your husband to dispose of his properties in India and your husband is owning.
As your husband is owning a house in India, you seek residential rights to stay in that house along with a monthly maintenance. You can also seek stay by court restaining your husband to dispose of his properties in India and your husband is owning.
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Hi Ma’am,
I’m sorry to hear about the situation that you are in.
Mam as you say the man plans to file for a mutual divorce in UK in that case I’ll say that the terms of mutual divorce can be made in such a manner wherein you can have you alimony but please note that since you’ve been married for a very short period of time the amount of alimony won’t be much because the period of marriage and also the fact that you are not married.
Though if you don’t file it in the UK you can file it in Delhi since the marriage was solemnised in Delhi and under the Hindu Marriage Act and hence you have a better chance to seek alimony in India.
In order to give you a better and crisp advice I’ll suggest you share more details about this marriage about dowry if at all you have and other things related to your marriage and stay in the UK.
It is advisable that you file for mutual divorce and proceed further with your life as I believe you to be young and educated.
Regards,
Vaibhav
I’m sorry to hear about the situation that you are in.
Mam as you say the man plans to file for a mutual divorce in UK in that case I’ll say that the terms of mutual divorce can be made in such a manner wherein you can have you alimony but please note that since you’ve been married for a very short period of time the amount of alimony won’t be much because the period of marriage and also the fact that you are not married.
Though if you don’t file it in the UK you can file it in Delhi since the marriage was solemnised in Delhi and under the Hindu Marriage Act and hence you have a better chance to seek alimony in India.
In order to give you a better and crisp advice I’ll suggest you share more details about this marriage about dowry if at all you have and other things related to your marriage and stay in the UK.
It is advisable that you file for mutual divorce and proceed further with your life as I believe you to be young and educated.
Regards,
Vaibhav
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Adv. Vaibhav Singh
Delhi | 25+ Answers
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