Legal Question in Family Law in India
My brother got married in2001 dec.His wife asked for divorce and 4 lakhs alimony in nov 2002.She went for maintenance.But we requested her to come back in the court.She came back by cancelling the maintenance appeal in 2004.She couldn't get adjusted and again went back immediately.In 2005 ahe wrote a letter that she is no more interested and left him.In 2007 agin she went for divorce and asked 5 lakhs alimony.We mentioned that we will refund one lakh which is taken as dowry.
Just 15 days back court ordered a decree of divorce but didnt mention about alimony.
Now she again filed a petetion for alimony under section 25Hindu act.what to do about it?How to defend our selves?
1 Answer from Attorneys
You should have returned the dowry voluntarily. she is entitled for alimony u/s 25 of HMA. It may be better for you to make an out of court settlement with her.