New LIVE Course: Learn the Practical Nuances of IPR Drafting by Adv. Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Querist) 07 October 2009 This query is : Resolved 
Hello Sir,

My name is Ananya Mukhopadhaya and i have been married for six years. My husband is cheating on me from one year after marriage but I discovered the same this year in May and confronted him. He promised me to change however again I know he is living in with a women in hyderabad he is posted there and i am living in gurgaon with my parents as my child has some special needs and he is getting intervention done with a doctor and her team of experts.I want to divource my husband we have had a very unstable marriage from the start i got ten abortions and I have two children.He has physically beaten me aswell at two different ocassions.I dont work but my husband is working as a Assistant Vice President with Bank of America and earning 20lakhs per annum and bonus which is twenty percent of 20lakhs. Will I get a Alimony from my husband and what percentage of the total salary.I am worried I have to raise two kids one is 3years and the other is 10months old both boys.I am based out of gurgaon.

Pls help me go thru the process and how much will the process cost me.

Thanks and Regards
Ananya Mukhopadhaya
adv. rajeev ( rajoo ) (Expert) 07 October 2009
If you want to get divorce u can file a petition on the ground of adultery, but u have to prove it under the Hindu Marriage Act.
Instead of going for the divorce you file a criminal miscelleneous case u/s 125 of cr.p.c. claiming maintenance for you and your children. U can file this petition at gurgoan also.
If your husband has got ancestaral property then claim your and your chidren share thru., your chidren by filing a suit for partition and seperate poseesion. But you have to file this case where the properties are situated.
By filing a complaint under DV act also you will get the relief.
Sarvesh Kumar Sharma Advocate (Expert) 07 October 2009
file a divorce case and also 125
Raj Kumar Makkad (Expert) 07 October 2009
apart from filing divorce petition & maintenance petition under section 125 Cr. P. C., you should also file an application under section 12 of Prevention of women from Domestic Violence Act, which is nowadays a full proof arrangement in the matters concerning u. You may not only get meaintenace at par with the status of your husband but can also restrain him to dispose off his properties. I can provide u my services in Gugaon, if u require. You may contact me at my cell 09416058227.
Sachin Bhatia (Expert) 07 October 2009
File a petition for divorce on the ground of adultery and also maintenance petition under section 125 Cr. P. C.
Shivasurya (Expert) 07 October 2009
First you can approach a local lawyer and File divorce petition as well as maintenance claim petition and also file petition u/s. 12 of Prevention of women from Domestic Violence Act, you can definetly get relief for the worst behaviar of your husband. Dont worry the process cost are very low apart from the lawyer fee
Guest (Expert) 07 October 2009
Yes. You can. You can file divorce petion, if you want divorce. If your demand is only for maintenance, then you can file it under Section 125 Cr.P.C., or under "Protection of Women from domestic violence Act" or interim maintenance application in divorce petition(if you feel to file divorce petition). Further, if you file divorce petition, you are also entitled to litigation expenses. Further once, divorce decree is granted, you would be entitled to permanent alimony.

Now the quantum of amount. It would be roughly 1/3rd to 1/2 of the husband's earnings if you are not employed. While deciding this amount all the facts related to case will be taken into consideration.
RAKHI BUDHIRAJA ADVOCATE (Expert) 08 October 2009
I do agree with my all Ld. friends. U can contact me as I need some more clarification regarding ur case. Mb. -09871158578/09711364956
A.P.Manoranjan (Expert) 10 October 2009
I do agree with Mr.Rajkumar's advise.Better consult an advocate for immediate action.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :