Legal Question in Family Law in India
Respected lawyers,
I got married under HMA.I am tortured by my husband.I am not working.My hubby works abroad and earns 4 lakhs per month.He has also his own flat other than his parents flat in india.He is holding indian passport.I have filed maintenance under sec 125.But he never paid me regular maintenance.After filing execution he used to pay partial maintenance and then used to give excuses for 3 to 4 months and then used to give give again partial money.He has a record of not giving regular maintenance .I have decided to file for divorce.Can i ask for one time money from court by showing that he has habit of not paying regular maintenance.He has told me he will not give me one time money and will keep on harassing me by not paying regular maintenance.Can court order my husband to give one time money even if my husband will say that he will not give one time money but will rather give montly maintenance?Will court consider that he has never paid regular maintenance even after execution which gives no relief to me rather increases my problem?
3 Answers from Attorneys
court can award lumpsum maintenance.you can pray to the court but for that you can file a case under domestic violence act or make an application under HMA at the time of filing divorce.
Instead of filing for divorce, you may consider taking possession of the flat owned by him and then demand sufficient maintenance / support amount under POW DVA.
when you file a petition for divorce, you may also move two applications, one under sec. 24 and another u/s 25. first one is for maintenance pendente lite and second is for permanent alimony at the time of decision for divorce.
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