• On what grounds can I claim alimony from husband who deserted me?

Married in december,2016, we had to seperate within 5 months of marriage after I blew the whistle of my father-in-law who misbehaved and wanted to have a physical relation with me instead of my husband. And the whole family, including my husband thought there was nothing wrong with it and abused me physically and mentally. My husband had deserted me in may 2017. I had filed a case on the same in June 2017 and ever since nothing is to be heard of him. It's been 16 months of desertion now and I would like to file a divorce decree. I'm a govt. employee, husband is a private emp. and father-in-law is also a govt employee. 
I would like to know that if I can get alimony if I file for the divorce decree first.
Asked 4 years ago in Family Law
Religion: Hindu

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20 Answers

What is your husband income ? Your income?

If there is substantial differences in your income you are entitled to alimony from husband

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

You are earning more than your husband

Chances of obtaining alimony are bleak

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Dear client,

First of all you should have filed a case of attempt to rape against your father in law. However you still have many good grounds of filing a divorce and donot worry you can claim maintenance and alimony still if you file a divorce. Take a leave without pay from your office and file a case that you are in acute depression and cannot concentrate on work and demand monthly maintenance apart from that you can also demand all the expenditure and dowry articles given in your marriage including the gold jewellery.

You can also demand compensation on account of mental harrasment, physical abuse etc etc

Adv Vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

who did not maintain herself or himself or whose monthly income is so poor who is unable to maintain himself or herself. In such a situation husband or wife can claim maintenance against either side. Here in your case, being a Service holder, you are able to maintain yourself.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear client,

Earning wife not entitle to maintainan but depends on court discretion. You are subject to domestic violence both mental and physical so entitle for monetary compensation under protection of women from DV act. You can also claim expanses incurred on marriage and gifts. And 21000 is not enough to maintain today's expansive life so maintainance can be granted, rent also.

2 years continuous separation valid ground for divorce and at present divorce can be file on the ground of illicit demands of FIL, mental and physical cruelty.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

If i was your lawyer i would suggest you to file criminal csse with tough sections so that your in laws and husbsnd get proper punishment.

Now if you want to settle it peacefully you can file a divorce suit but you must prove that he has deserted you.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

I have come across many cases like this. I can understand your problem. It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. Violence against women is perhaps the most shameful human rights violation, and it is perhaps the most pervasive. These cases are on rise nowadays.

You have right to claim maintenance. Now Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a “just and proper” amount as alimony. Amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband. Also working women is also entitled for maintenance/alimony. Moreover a jobless husband cannot deny maintenance to according to latest judgments of High Court of Andhra Pradesh.

If you need any help you can contact my assistant to book a consultation. I will help you.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

1. The reasons you have mentioned are all good grounds of divorce and on this ground you can apply for divorce.

2. Sp on this ground you can file a suit for dissolving the marriage on the ground of mental and physical cruelty.

3. If you have no personal income of your own then you can file case for maintenance under HMA or under section 125 crpc or under PWDV Act .

4 . Even if he is not working then also he can not absolve his liability to maintain you.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Mam you can file a divorce on the ground of cruelty against the husband further file a case of domestic violence and cruelty against the husband and family with the police along with for outraging modesty against father in law.

Claim maintenance and the residence under Domestic violence act as well as maintenance in the divorce proceedings.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See since you are working and earning more then husband the husband can contest the maintenance further permanent alimony based on marriage expenditure can be claimed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello

a divorce petition can be filed on the grounds you have stated and desertion too. as far as maintenance is concerned, you cannot get it because you are a govt employee and are capable of supporting yourself.

but you could demand damages for what the husbands family did to you and should also file a case for the sexual assault by you FiL and the aiding and abetting by your husband.

alimony is something that can and should be demanded by you and it will depend upon his current financial status.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore. 1)Dear client u can file Divorce case on the ground of cruelty, mental and physical harrassment, and desertion..

2) u r working women..and u have not mentioned that u have any kids... So it's depend upon the court.. for grant maintenance or alimony..

Pl give RATING and feedback for appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

You have to claim the alimony but the amount allowed by the court is based by the contest of the other party and court considering the social and economic background of the parties before pronouncing the amount.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. The ground of desertion as a ground of divorce is available only if the spouse has been deserted continuously for 2 years. So you can either file the petition for divorce now on the ground of cruelty or wait for 2 years to complete and then file it on the ground of cruelty and desertion.

2. You are also free to file a case under Section 12 of DV Act to seek maintenance and monetary compensation against him.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. It is not clear as to what case you have filed and against whom the said case has been filed.

2. You could have lodged a police complaint against your father in law bringing the charge of attempting to rape you and for raging your modesty.

3. However, you can file a divorce suit against your husband on the ground of cruelty and for adding the ground of desertion, you shall have to wait till 2 years of desertion by him is over.

4. Since you are employed and capable of maintaining yourself, you are not entitled to any amount to be paid by your husband towards your maintenance unless your monthly gross earning is less than 1/3rd of your husband's net monthly earning.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Since you are employed and is capable of maintaining yourself, you are not entitled to claim any maintenance from your husband under the given circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can show the ground as desersion. On the basis of this you can claim alimony but not maintenance as you are earning and capable of handling your own expenses.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1) First of all you have to check whether he is working or not. If he is working and earning sufficient amount than as per new amendment received by Supreme Court's that working women are also entitled for alimony and maintenance per month.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Whether you initiate the divorce case or he initiates the same, since you are employed and drawing a handsome salary you may not be eligible for maintenance amount.

It will not forbid you from claiming alimony, but the result may not be in your favor.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

I'm not sure if he is working now or not. I make 21000 pm. He worked only for one month during the 5 months of marraige. earned aroung 15000

Since you are a government employee and drawing a handsome salary to sustain yourself you may not be eligible for maintenance

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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