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anonymous.help (anonymous.help)     13 September 2017

Dv and mc

hi, my husband filed divorce case on the grounds of desertion. he stated that he did not take any dowry. but my in laws took 4 lakhs by way of a/c transfer and 3lakhs as cash. the case is pending in court for 4 yrs. all my jewelry and other accessories are in their posession. i recently got a job. am i entitled for alimony?.please state the approximate amount?


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SOLOMON.RAJ (advocate/director)     13 September 2017

HIII,

        If you have all the proof like bank statements and photogrsphs taken at the time of marriage while exchanging the dowry amounts you can file a criminal case against him under sections 3& 4 of the Dowry prohibition act and Under section 498 -A if the Indian Penal Code.

Secondly if you are working and presently are a job holder you are still entitled for alimony. The Hon'ble Courts while will deliver the orders also based on the income and status of the Husband and also consider the kind of life style and the way the wife was brought up and raised by her parents prior to the marriage and the kind of life she had pst marriage.

The quantum is at the discretion of the Hon'ble family Courts.

 

REGARD'S
 
SOLOMON RAJ.
 
 
_______________________________________________
 
 
Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,

 

 

 

 

Adv Radhika Mehta (Advocate)     13 September 2017

Whether you are entitled for alimony or not depends on several factors such as your income, your husband's income, your lifestyle status etc.  THere is no fixed ration by which maintenance or alimony is decided by the Court so you will have to present your complete details.  The amount depends on the discretion of the Court. 

As far as your belongings being in the possession of your in-laws and cash gifts given to your hiusband is concerned, have you filed a Counter- claim in which amongst other things, you have sought the return of the same? 


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