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shivani (housewife)     04 June 2016

Alimony

FIR registered against husband and inlaws. Husband is not willing to live with me nor is he paying alimony..but i always wanted to save my marriage. 1.Is there any way by which i can ask for alimony from the court? If husband is not willing to pay the appropriate alimony ordered by the court then what action does the court takes? 2. If i ask for alimony under 498a case then will it go against me? Will the judge think that to extract money i filed for the FIR? Please help


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 15 Replies

A walk alone (-)     04 June 2016

Once family matters comes in court only ends with divorce. You have file FIR how can you think that he will still want to live you. If you have file FIR only for alimony then you have done mistake. If you only want money why you file FIR you should file maintenance case 125 crpc or 24 HMA not FIR. Dnt ever ask judge alimony under 498a. 498a case is not for alimony its a criminal case.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 June 2016

1) If the alimony is not paid regularly u hv to bring to the notice of the court and file contempt petition.

 

2) U can file 498A case separately, which is not connected to claim alimony.  Court will go as per the facts and evidences produced but not think as u apprehend.

 

3) Even now if u want to save ur marriage, discuss in the presence of family elders and outside senior citizens and sort out amicably.  Of course, be vigilant against ur spouse agreeing just only to get the cases withdrawn.

 

 

shivani (housewife)     04 June 2016

@ dr.katta venkata.. i have tried my level best to save my marriage..after 8yrs of marriage i hv filed for FIR for vch i have lots of evidence.. i hv not made a false complaint .. instead of monthly alimony..can i claim for a lumpsum amount? Will the judge decide alimony on the basis of my husband's salary ?? If suppose my husband's salary is 22lakhs per annum so approx how much alimony can i get lumpsum i.e. one time payment?

shivani (housewife)     04 June 2016

@ dr.katta venkata.. i have tried my level best to save my marriage..after 8yrs of marriage i hv filed for FIR for vch i have lots of evidence.. i hv not made a false complaint .. instead of monthly alimony..can i claim for a lumpsum amount? Will the judge decide alimony on the basis of my husband's salary ?? If suppose my husband's salary is 22lakhs per annum so approx how much alimony can i get lumpsum i.e. one time payment?

ramesh   04 June 2016

If u want to save marriage thn withdrw all cases, let him live peacefully. But u r nt seems to ,better file mcd and live ur way ,dont get greedy of alimony. I hate those womanswho files fake 498a

shivani (housewife)     04 June 2016

@ramesh- just shutur mouth.. how donu know wat al am going thru since 8yrs? My husband has filed 4 cases on me.. i have tried a lot to save my marriage.. then only i filed FIR.. my case is not false.. i have evidencen of every allegation.. stop commenting..

shivani (housewife)     04 June 2016

@ramesh- just shutur mouth.. how donu know wat al am going thru since 8yrs? My husband has filed 4 cases on me.. i have tried a lot to save my marriage.. then only i filed FIR.. my case is not false.. i have evidencen of every allegation.. stop commenting..

Vakalath (Vakeel No. 1)     05 June 2016


A Short Story : The Golden Egg

 

This Short Story The Golden Egg is quite interesting to all the people. Enjoy reading this story. 

 

Haria, a poor barber lived alone in his small hut. He was dedicated to his work. And whatever he earns was enough to fulfill his needs. 

 

One evening, after returning from work, Haria was hungry. “What shall I cook tonight?" he thought. Just then he heard a hen clucking outside his hut. “That hen would make a great feast for me," thought Haria and prepared to catch the hen. 

 

With a little effort he was able to catch the hen. As he was about to kill the hen, it squeaked, “Please do not kill me, O kind man! I will help you." Haria stopped. Though he was surprised that the hen spoke, he asked, “How can you help me?" 

 

“If you spare my life, I will lay a golden egg everyday for you," said the hen. Haria’s eyes got widened in delight. Haria was surprised to hear this promise. “A golden egg! That too everyday! But why should I believe you? You might be lying," said Haria. “If I do not lay a golden egg tomorrow, you can kill me," said the hen. After this promise, Haria spared the hen and waited for the next day. 

 

The next morning, Haria found a golden egg lying outside his hut and the hen sitting beside it. “It is true! You really can lay a golden egg!" exclaimed Haria with great delight. He did not reveal this incident to any one, fearing that others would catch the hen. 

 

From that day onwards, the hen would lay a golden egg everyday. In return, Haria took good care of the hen. Very soon, Haria became rich. 

 

But he became greedy. He thought, “If I cut open the hen’s stomach, I can get out all the golden eggs at once. I do not have to wait for the hen to lay the golden eggs one by one." 

 

That night, he brought the hen to the interior portion of his house and killed the hen. But to his dismay, he found no golden eggs. Not even one. 

 

“What have I done? My greed had made me kill the hen," he wailed. But it was too late. 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     05 June 2016

1) U can claim one time lump sum instead of monthly alimony.  Meanwhile, for non-compliance of court order on monthly alimony, move contempt petition.  Court can punish him on this count itself.  This will be a ground for u in ur other cases.

 

2) The lump sum is decided as mutually agreed or the court will arrive taking into account the financial standing of each spouse including all his assets.  Hence cant be said just like that.  Think which is advantageous to u.

shivani (housewife)     05 June 2016

Ok.. and approx how much alimony can the court grant ? My husband's salary is 1 lakh 70 thousand per month.. i have done mba.. not working since 8yrs. I have never worked after marriage.. how much lumpsum amount can i get approx ?

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     05 June 2016

1) Qn Repeated.  Read my point No.2 stated above.  Aready answered.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     05 June 2016

Agreed with Adv Gonjare

shivani (housewife)     05 June 2016

@ vakalath- just one thing i can say for ur poor mind.. wenna man spoils the life of his wife then it is not harassment.but wen wife claims for alimony then it is taken as harassment? Anyway..i hv given a one shot answer to a hypocrite like u.u better tell ur story to some rich man who spoil there servants.. @ dr katta and adv gonjare - thank you for your advice.. my husband has already filed for a divorce on cruelty.. reality is dat i have enough evidence that my husband has spoiled my life..i can prove easily that i hv fulfilled al my duties of a wife but husband has neglected me willfully.. I still don't want a divorce but my husband is making my life hell thats y after 8yrs ihv decided to demand alimony from the court.. i have no children..

A walk alone (-)     06 June 2016

Dnt worry sister let him file case nothing he will gain. Case will be decide on evidence. You already have evidence against him. For alimony file 25HMA. For maintenance as you have evidence file DV 125 crpc. As you are not doing job you may get maintenance. Maintenance decide on his salary his life status your education and evidence that you have in support of your allegations & length of marriage.

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