Maintenance divorce alimony
vishal
(Querist) 07 December 2015
This query is : Resolved
Dear Experts,
My sisters husband filed a case of divorce on my sister 14 months ago on basis of medical history of my sister.My sister was having a medical condition which is not severe or dangerous.It was an arranged marriage and my sister is healthy but she kept it confidential and didn’t tell anything about medical condition to her husband before marriage and after marriage because it is not severe.After marriage she was under treatment and her husband came to know and on basis of that he filed a case of divorce.They stayed together for 12 months and one day some argument took place so my father suggested my sister to come and stay together with us for 2-3 days so that things will settle down.Later her husband kept delaying to stay together and immediately filed a case.My sister has not filed any case because she is accepting her mistake in front of him but not publicly or in written statement and at the same time she is not interested in separation.We have not filed any case but just trying to defend this case of divorce through written statement/smart story suggested by our lawyer and say.Now the case is at the stage of interim injunction and order is pending.
1)According to my sister we have not filed interim maintenance case because my sister is well educated and getting rs.32000 monthly salary and therefore she is not eligible for maintenance and it will be rejected which I totally disagree because my sister is staying at my fathers place which is on rent and my sisters husband is having his own property on loan and a handsome salary of 65000 monthly. We are aware that contested divorce takes lot of time and we are prepared to some extent as I am worried for my sister as I am living in a different city.Is this the right time to file for maintenance?How much maintenance she can expect?Is there any chance of permanent alimony on our side.
Thank you in advance
SAINATH DEVALLA
(Expert) 08 December 2015
What is that health problem?Is it so severe?Due to that is she fit for conjugal life or not?
Contested divorce takes time to conclude,though as per the query she is not eligible for maintenance,I think it will be a futile exercise to file maintenance.
Rajendra K Goyal
(Expert) 08 December 2015
Your sister can file DV case from your parents city.
Oppose the divorce proceedings.
vishal
(Querist) 09 December 2015
Dear Sir,
Thank you for your feedback.
The issue is my sisters husband is objecting that why it was not disclosed before marriage and he is objecting that we obtain the consent by hiding information related to my sisters medical condition.The condition is not severe but due to lack of trust now he is not ready to stay together anymore and asking for divorce and he has also mentioned about quarrels,cruelty etc in his petition.
Mediation is failed,my sister husband is not ready to live with her at any cost.My sister asked for money in mediation for separation as suggested by lawyer.Will it reflect in mediation report that she asked for money.
Can we file for dv at this moment after 14 months to get some relief because presently she is staying at fathers place which is on rent.What is maximum time frame to file dv?i heard it is effective to file dv in the beginning stage.Can we expect permanent alimony if we contest the case.Her age is 36 and she is an MBA.
How opposing the divorce will help.
vishal
(Querist) 14 December 2015
Dear Sir,
Please help.
T. Kalaiselvan, Advocate
(Expert) 16 December 2015
In the divorce petition itself yo can make a counter claim for restitution of conjugal rights.
She can very well file domestic violence case even at this stage.
She can seek residential rights and interim maintenance in the dV case,though being employed grant of interim maintenance may not be approved.
She can file interim maintenance application in the pending divorce cs too claiming an equal status to that of her husband as he is earning double to her salary.
No Doubt the matrimonial dispute may run for years, but the way she puts pressure, he may come down to negotiations platform then you can place the demands from your side.
vishal
(Querist) 23 December 2015
Thank you sir for your feedback.
Will it reflect in Mediation report that my sister asked for money for separation.
Can she ask for permanent alimony?
thank you in advance
