LawRato

Need advice regarding divorce, fearful as I don't earn.Please help.


16-Nov-2023 (In Divorce Law)
Legally married for 6 years.Husband comes home every 2-3 months sometimes 4months for 3 weeks approx..due to mental abuse by in laws I stay in my parents house when husband not there.Husband now asking for divorce.I am ready for mutual divorce but I need alimony to support myself and do further studies as I am a housewife.His monthly earnings 80k - 90k approx.how much will I get.We are Hindu.
Answers (4)

Answer #1
689 votes
Dear Client,
You have right to claim for Alimony for your economic support until you get married after Divorce Decree from Court,
you may be allowed as per his liabilities with him and your standard of living , salary, other property of his own purchased. not for your education.
Pls. rate me. you may consult.
Helpful? LawRato LawRato
Answer #2
525 votes
Hi,
The law of the land in India provides many options/legal remedies to a women.
You may as per the facts of your case, if deemed fit, may initiate proceedings under 125 CrPC, Domestic violence and divorce to get alimony.
For more information, feel free to have a word with me. All the best.
Helpful? LawRato LawRato
Answer #3
956 votes
Hi,

In this regard, when the divorce has already been initiated from his side, there are two ways of going about this. Either you continue to fight it out which would shave years of both your lives or enter into mutual divorce. Once it has been ascertained from his side whether he would be willing to do the same, you can proceed. The present divorce petition can be converted into one by mutual consent.

However, if he is not prepared to give alimony, you will have to fight this out at Court. Ordinarily the Court would be inclined to grant you around 30-35 Thousand a month provided you are able to show your expenses and also whether you have any children.

It would be best to discuss the merits and demerits of your case with a lawyer for a better understanding and briefing.
Helpful? LawRato LawRato
Answer #4
612 votes
In this regard, i advice you to file a DV first and then hunt for the maintenance under the PWDV Act, 2005. It is submitted that you have entitlement of getting an amount of Rs. 40,000/- per month as maintenance and further depends upon the fact that if you have any issue from the said marriage. In these matrimonial cases, you generally get money on fighting and there is strategy which needs ot be followed to have good maintenance from your husband. Pleading and application and respective affidavits needs to filed in conformity of provisions and tactfully. For further clarification, please contact.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."