LawRato

Procedure to file for divorce & claim alimony


19-Jan-2023 (In Divorce Law)
 my cousin, get married a person 17 years back. 25K dowry paid at the time of marriage.His parents hide the truth that he may not be fit do sex and produce children. From last 17 years my cousin living with him and his parents in same house and falsely victimized and asked to under go various test. In this process she has been victim of psychological torture and physical abuse. My cousin father & brother are alcoholic addicts and don't have any proper income so they are not in a position to support her. She want to divorce & get alimony so that she start again peacefully. She is just 10th pass out. Her husband don’t have job from last 14 years and no any property on his name. But his parent are well recognized in society and having nearly 2 crore property. His father is a retired doctor and mother is a writer. By considering this back ground how my cousin can file a case for divorce and alimony, how much alimony she can ask.
Answers (3)

Answer #1
684 votes
Sir you have to file a case in court stating that you are not happy with the marriage and you are been harassed by your husband and your family members and you can claim as much of alimony as possible you
Answer #2
945 votes
SIR, UR U DID NOT MENTION UNDER WHAT RELIGION CEREMONIES THE MARRIAGE OF UR COUSIN WAS PERFORMED. UR COUSIN MAY FILE DIVORCE CASE AS PER HER RELIGION EITHER IN PERSON OR THROUGH AN ADVOCATE BY MENTIONING THE TRUE STATE OF FACTS. SHE MAY ALSO FILE A CASE SEEKING MAINTENANCE UNDER SECTION 125 OF CR.PC EITHER IN PERSON OR THROUGH ADVOCATE. THE COURT WILL GRANT MAINTENANCE AS PER THE FINANCIAL CAPACITY OF THE HUSBAND. SHE MAY ALSO FILE A CASE FOR PERMANENT ALIMONY. SHE MAY ALSO FILE A CASE UNDER DOMESTIC VIOLENCE ACT AGAINST HER HUSBAND AND IN-LAWS.
Answer #3
583 votes
She can file divorce and alimony. But it is very long process and she likely to face so many other problems. It is better to go for mutual divorce. Since she can ask for one time settlement. If she is happy with that life, then do not intervene.

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."