Legal Question in Family Law in India
My sister wants divorce and his husband is not ready to give her divorce. He is fully drunker and many time beaten to my sister. We have filled a NC and lodge the complain under 406 and 498A against him. He has sold some of the gold jewellary of my sister which we have given her at the time of marraige. My sister has six years daughter. Can we go for one side divirce? and can we claim alimoney from him? Can we calim for jewellary he has sold?
4 Answers from Attorneys
once you file a petition for divorce, you also file an application u/s 24 for interim maintenance and also file an application u/s 25 for permanent alimony. Domestic violence complaint will also be helpful for claiming maintenance for self and daughter.
Your sister have lot of remedies for her problem(s) . Your sister can file a petition for maintenance and residence under the domestic violence act . She can go for contesting divorce and finally claim alimony . Yes your sister can claim jewellry too.
Your sister can file for divorce in the Family Court at Bandra on grounds of cruelty. However I suggest that your sister make an application under the Domestic Violence act and claim protection and maintenance for her and her daughter. Yes you can claim back your jewellery which is called as stridhan and you can ask for return of stridhan under the Domestic Violence act.
Your sister can file for divorce and your husband has to reply to the petition filed. Further if he fails then she can also get an Ex-parte divorce from Court.
Further your sister can also claim for maintenance from the Court. Further she can also file a case for meeting the legal expenses in court.
She can also claim for her belongings from her husband.
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