My husband & his family had provided false whereabouts about him during the marriage talks. After marriage, I got to know that he had married me only for money & dowry. He was infact having an extra-marital affair and all of his family members were knowing about it too. I also went thru multiple episodes domestic violence there. After going thru all these things, I came back to my parent's place and started residing with them. I also joined a job which is temporary in nature. It's been 6 years that I have been staying separated. A few months back, I came to know that my husband has got remarried without divorcing me. I'm going to file a contested divorce case now. I wanted to understand how can I claim alimony & maintenance in my divorce petition. Can it be added in the prayer of the divorce petition itself or do I need to file separate applications for it? Can you please also let me know under which all sections I can file for maintenance & alimony (excluding DV & 125Crpc) and whether these things can be filed in the divorce petition itself or requires separate fresh petitions. Local advocate says we can't claim maintenace as I'm working. But my job is temporary in nature. My jewellery & belongings are still with in-laws, how can I get them back? Moreover, can I claim the dowry amount & marriage expenses too in the divorce petition?
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Even if you are earning, you can claim maintenance from your husband, no matter your job is temporary or permanent. Moreover, for claiming alimony, you need to file an application under section 25 of the Hindu Marriage Act alongwith the divorce petition.
1. I'm going to file a contested divorce case now. I wanted to understand how can I claim alimony & maintenance in my divorce petition. Can it be added in the prayer of the divorce petition itself or do I need to file separate applications for it?
Ans: You have to specifically ask for alimony in the prayer portion of your divorce petition. Unless you ask for it, court is not going to grant any alimony.
You can also file for maintenance application within the Divorce proceedings.
2. My jewellery & belongings are still with in-laws, how can I get them back? Moreover, can I claim the dowry amount & marriage expenses too in the divorce petition?
Ans: DVC is the fit case for this purpose. You can claim return of property including Stri-Dhan, any articles, gold etc., and also claim compensation for various abuses.
3. Local advocate says we can't claim maintenance as I'm working. But my job is temporary in nature.
Ans: Yes, he is right in saying so. However, having employment is not alone the criteria for not being able to get maintenance. If you can establish that your lifestyle has drastically fallen and you are surviving with a meager income and on the contrary the husband is having enough means to afford the same lifestyle as earlier, you may have a fair chance to get maintenance to some extent.
But keep in mind, every case is different - please don't insist your lawyer to fight your case based on my comment. Online advises are not always applicable to every case. We speak general law hear. Based on the facts, your lawyer can advice the best possibilities.
File case of bigamy against husband under section 494 of IPC for having remarried during subsistence of earlier marriage
2) file for divorce and seek interim maintenance and alimony
3) you are entitled to maintenance of there is substantial difference in your incomes
4) also file case under section 406 IPC for criminal breach of trust for refusing to return your stridhan
You have already wasted your six valuable years for no reason. Since you are employed so you shall not be entitled to maintenance if your salary is sufficient to maintain yourself. If your salary is not sufficient then you can claim maintenance and alimony. It is merely your income which counted for maintenance and not whether your employment is temporary or not. You cannot be entitled to dowry amount or marriage expenses after lapse of more than six years as the limitation is merely three years. In your divorce case you can file application under section 24 HM Act for maintenance and alimony.
You can file a divorce case and in that you can file an IA under section 24 of HMA seeking interim maintenance. You should mention that you are temporarily employed and can be thrown out of the employment any time hence you require monthly maintenance amount
You can file a separate petition under section 25 of HMA for permanent alimony too in the same case.
You can file a petition under section 27 of HMA for return of your articles including jewels
You can file a petition under section 125 Cr,.p.c. for maintenance and also in the DV case you can ask for maintenance, compensate, return of your articles and expenses incurred for marriage etc.
@Kalaiselvan sir : Can I file all these sections - hma 24, 25 & 27 together in the divorce petition (us 13) or do I need to file separate cases for each of them?
You can file DV and 406 ipc for jewellery
You don’t have to file separate cases for them
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.
- Hence, you can lodge an FIR against him for the offence of Bigamy , and cheating & breach of trust
- Further, the said ground of having marital relationship is also a ground for divorce.
- You can file a contested divorce petition before the court and even thereby you can claim alimony from him.
- Further , if the dowry items are lying there and they are not ready to return the same, then you can lodge an FIR under section 406 IPC
- You can file a complaint under section 125crpc for claiming maintenance from him and also under the provision of DV Act.
- As per Supreme Court , a working woman can also claim maintenance from her husband
In the divorce case itself you can file petitions under section 24and 27 , but you can file section 25 petition separately as a different case
Under Hindu Marriage act and Hindu adoption and maintenance act, you can claim maintenance. Immediately file FIR of bigamy u/s 494 IPC.
To calm jewelry & belongings file separate FIR u/s 498a and 406 IPC.
claim the dowry amount & marriage expenses too in the divorce petition? - why you waited for 6 years !
Separate cases will file.
Yes and that too in one application.
Dear Client,
A legal course of action can be pursued against the husband in response to his act of bigamy, which is prohibited under Section 494 of the Indian Penal Code (IPC) as it involves marrying again during the existence of a prior marriage. To address this issue, a formal complaint can be lodged with the appropriate authorities, bringing attention to the husband's remarriage while his earlier marriage was still valid.
Furthermore, it is advisable for the aggrieved party (the wife) to file for divorce, seeking the dissolution of the marriage. Alongside the divorce petition, it is essential to request interim maintenance and alimony, considering the potential disparity in income between the husband and wife. This maintenance is vital to ensure financial support during the divorce proceedings and to meet the necessary expenses for the wife's well-being.
Moreover, as the husband has refused to return the wife's stridhan, which is her rightful property, it is possible to take legal action against him under Section 406 of the IPC, which deals with criminal breach of trust. This section holds individuals accountable for dishonestly withholding or misappropriating property entrusted to them.
