Legal Question in Family Law in India
I had asked previously regarding divorce since hes not keeping any relation for past two yrs to which the answer by Mr goel was that i can obtain divorce under grounds of cruelty and desertion. Will applying for divorce stop me from going abroad for a new job/ study. Also can he ask me to pay back anthing i took from our joint account or jewellery in the past as he threatens me for the same? Since i am not employed currentlyand hav chronic health issues can i claim interim maintenence? How much time and money will a divorce case cost? thanks for the prompt support
2 Answers from Attorneys
a) Your divorce application may have no relationship with your foreign travels;
b) A married woman has absolute ownership over her "istridhan" and is free to use the same her way ;
c) The husband is liable to pay maintenance as per his standard of living at the time of separation;
d) Time and money required in a contested divorce may not be estimated. It depends upon facts and circumstances of each case including the place and financial position of parties.
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You may file a petition u/s 125 Cr.PC for maintenance and therein you may pray for interim maintenance. All the jewelry lying with you is yours as per Hindu law. Do not let him know of your plan to go abroad for higher studies, he may delay the proceedings. In my opinion you must end the marriage by divorce and then leave the country.
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