• Divorce case on contested

I filed a case of divorce against my husband who is not willing to give me divorce nor is he giving maintenance from the day i separated he says i wont give u divorce ever in my life ?
How can i get rid of him ?my child responsiblity is on me and he is not bothered about me and my child.
How should i try to get more amont of alimony where he is showing only 1lac p.m ,he earns but unofficially he earns 50lacs yearly how to get the maintenance?when will i be free from him
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

You have the right to live in marital life or get the divorce to go free.

during the time of separation your husband is subject to provide maintenance for you and your child and expenses for the legal expenses for the petition.

please contest your case in the court to get your maintenance allowed by the court and if he does not make payment as per the court orders you can file a petition in the High Court in this regard and High Court will order to recover the amount from his asset as land revenue.

He may be arrested and imprisoned on his own expenses till the payment of the outstanding amount.

After the mediation and conciliation process is over even and if he is not agreed for divorce the court may allow ex Parte divorce in your favour.

You need to file custody of your child along with your divorce petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Dear Client,

On what grounds u filed for divorce ?

Why Marry If You Can’t Maintain Wife, Kids: Madras HC [Read Judgment]...

Read more at: http://www.livelaw.in/marry-cant-maintain-wife-kids-madras-hc-read-judgment/

Get the proof of his earning or through his life style, his income can be evaluated .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) make an application in family court calling upon husband to produce last 3 years income tax returns , bank statements etc

2) seek interim maintenance from husband for your self and child

3) you would get divorce if you are able to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Hello,

File a case of maintenance immediately. Claim maintainance for the child also.

He has the duty to pay maintenance if he is not giving divorce. Also file a case for divorce to claim alimony.

You will have to show the court as to what is his earning capacity.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

You may claim the same by means of claiming maintenance.

Hire some detective who can collect prove of hos extra marital.

Apart from this you may file a case of divorce for mental cruelty.

Also do not ahow this to the court that you just want Money.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Contested divorce cases take 5 years to be disposed of

2) you have to prove allegations made in your divorce petition

3) seek custody of your child and alimony from husband

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

For that u can file for maintenance and alimony.

and without proving adultery, divorce on this ground shall not grant.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1 If you manage the prove the allegations raised in the plaint in including charges of adultery then you will surely get decree of divorce.

2. However such divorce suit takes time and hence you will have to keep patience unless she agrees for mutual divorce which takes around six months of time.

3. For alimony you can file petition in the same suit along with separate petition under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

1. Your getting the decree of divorce does not depend on his agreeing to give you divorce or refusing to do that.

2. You have filed the divorce suit on appropriate ground for which the Court will hear both the parties, go through the evidence submitted and pass order. The Court may pass the decree of divorce of dismiss your suit. it all depends on the findings of the Court.

3. Similarly, you shall have to produce adequate evidence of his actual earnings. You can inform the Income Tax department about his suppressed income o that his actual income comes to surface. Alternatively, you can engage a detective to find out with evidence his actual income to enable you to claim enhanced maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

1. You are expected to get the decree of divorce if you can prove your allegations leveled against him as genuine.

2. Similarly, if he can prove with evidence that you want the divorce for running your extra marital affairs out of your wedlock then your divorce suit is expected to be dismissed and you shall not get any maintenance.

3. So, take extreme care to prove that your allegations leveled against him are proved irrefutably and his accusation against you are proved false.

Krishna Kishore Ganguly
Advocate, Kolkata
26792 Answers
726 Consultations

5.0 on 5.0

Basically, what he is doing is that he is not ready for a mutual divorce. You may still contest a case of contested divorce against your husband on one of the grounds provided to you under the Hindu Marriage Act.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Seek maintenance from him.

Immediately file a contested divorce against him.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

You have filed contested divorce on the grounds you rely upon.

You stick strongly to your case and fight it out properly till the end.

You file a maintenance case separately under section125 cr.p.c

You produce documentary evidences to prove his income properly.

Be in regular touch with your lawyer on all such further issues.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

If you are interested only in maintenance then you can inform court about it and withdraw the divorce case.

But he will not give maintenance amount without a court order therefore you will not get any relief from him without intervention or by a court order.

You have to fight out the menace strongly on merits

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

You keep on fighting the case on the grounds of mental cruelty as well as adultery at his end.

No matter whether you are able to prove the adultery part or not, but then also he is libel to give you alimony for sure.

In the mean time, I advice you file 125 CrPC case for maintenance for you and your child as well.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Firstly if you are convinced that he is having an affair, put a detective behind him and get concrete proof. Once you have incriminating pictures against him, he will agree for a Divorce.

Secondly, ignore him. Do not allow him to play with your mind in this manner. As he was not agreeing for Divorce, you approached the Court. Now the power to give you Divorce is not only in his hands. So focus on your health, your child and your case.

Move an Application for Interim Maintenance. Mumbai Family court takes time to hear the Applications but maintenance would most likely be awarded from date of application.

You have a long fight ahead so stay strong.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You and your child need to file the maintenance petition against him in the court of law with the help of any local good advocate. Try to collect all the evidences about his monthly income from all sources.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

There is nothing for too much worry. At this stage all you need is just a good lawyer and proper legal assistance. See the law is very much clear that in the mean time any matrimonial dispute settled, the husband is duty bound to give maintenance to his wife and child also.

It's upon the lawyer that how good he/she argues your case before the court and ask for maintenance because it is not a big task for a good lawyer to take the maintenance. That's I am suggesting you that you should get a good legal advice and lawyer also to present your case in court.

For any further assistance you can call me at +[deleted]. I am a Delhi based lawyer and have settled practice in Supreme Court and Delhi High Court, moreover, I also did many matrimonial cases and have a good experience of that also that's why I am suggesting you that maintenance is your right and you can get it on the very first date of the Court

Harsh Singhal
Advocate, New Delhi
7 Answers

4.0 on 5.0

You can file divorce as well as maintenance application in family court. You can file DV case and maintenance in the same. You can also file application under 125 crpc for maintenance. You need to prove that he earns that much. Need to show his properties etc. Then court will award you maintenance.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

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