Legal Question in Family Law in India
divorce with alimony
i filed a petition under 125Crpcagainst my husband for crueltyand put up subject demand.after 30hearings my husband put up a statement thatthe said petition cannot be under the above code,please clarify.
he is adjourning and absenting regularly and as a result the case is indefinatelygetting delayed.is there any chance/wayto expediate?
he is trying his best to avoid maintenance/alimony for me and my minor child with various vague reasons.plz let me knowwhether he will succeed in doing so putting me on streeets as i am not working.
though heis absenting regularly he does not give shance to his lawyer
to take independent decision without his presence.how long can it continu elike this?
3 Answers from Attorneys
Re: divorce with alimony
make a application in the civil or family court under section 18 of Hindu and adoptionand maintenence act u will get a meagre amount in 125 matter but do not withdraw 125 u have the right to c,laim the maintenence in both civil and criminal laws at a time and i f u or ur husband hve filed for divorce under hindu marriage act u can claim mainteNENCEu/s 24 instead of u/s 18 fof hindu adoption and maintenence act.
HAMA IS independently filed for maintenence. WHEREAAS inHMA ANapplication of maintenence is made in divorce petition or restitiution rights petition u will can a better amoount in HMA OR HAMA but not in 125 but continue with the 125
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Re: divorce with alimony
In a pending case it may be better to go by the advice of counsel conducting the case. You should be meanwhile getting interim maintenance.
Re: divorce with alimony
on what ground can he avoid the maintenance. do write in all the details. has your lawyer filed an application for passing interim orders for yourself and the child or not. if yes what is the status.. why has he not argued upon the application. do write in all the details.