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Anonymous (-)     19 December 2010

Nullity Declared. How to proceed with alimony?

 

I am a woman. I had filed for nullity, based on impotence.  The other party did not show up.  The district judge (alipore civil court) finally declared the marriage null and void. 

My lawyer advices me that I can now file for alimony + return of all my things (jewelry, etc) at the criminal court (alipore, kolkata). 

I am not employed.  The divorce took a little over a year to come through.  Lot of expenses.  Can you please advise me on the success rate and usual time taken for judgement for alimony and return of things, so that I can make a decision on whether to pursue and file for alimony at the criminal court or just give up.

I am not financially that well off to pursue a lengthy court case.  And what if they other party doesn't show up, like they did for the divorce.  Then all the expense will be in vain.

Is there any other way, without filing for alimony, to procure the lost things?

I would really appreciate any advice on what to expect after filing for alimony at the criminal court.

Thanks!

 

 

 



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 21 Replies

Avnish Kaur (Consultant)     19 December 2010

nullity declared or divorce? why did u not pray for alimony at time of annulment petition.

Avnish Kaur (Consultant)     19 December 2010

please post full text of your petition , just hide ur identity.


(Guest)

file a maintenance application or file a suit for recovery of money and utensil  or file a domestic violence petition before the social welfare department for recovery of things

Avnish Kaur (Consultant)     19 December 2010

mr. ganeshan is that possible in annulment case?

Anonymous (-)     19 December 2010

After ex parte hearing, judge declared the marriage null and void.  The other party did not show up for the hearings.

I had prayed for nullity, and as an added case to the main case, interim alimony.  But since the other party did not show up, the interim alimony case also ended when the court declared nullity.

Now my lawyer advices me to file newly for alimony and return of things at the criminal court.  I just wanted to know how far that can be successful.  What are the reasons by which they can get off, and not have to pay or return things?  Court cases are expensive, and I don't have an awful lot of money to waste, if my chances of success are slim.

the nullity case was filed due to impotence, failure to consumate the marriage.

Dear Mr. Ganesan, Is a maintainance application - alimony? 

thank you so much for your response.

 

Avnish Kaur (Consultant)     19 December 2010

DV ACT DOES NOT APPLY IN THIS CASE . WHICH CRIMINAL CASE HE IS ADVISNING YOU?

Avnish Kaur (Consultant)     19 December 2010

EVEN 498A OR CRPC 125 DOES NOT APPLY HERE. what criminal case ur lawyer advisng you ?

Avnish Kaur (Consultant)     19 December 2010

not very gud chances, better concentrate on ur future life.

Arup (UNEMPLOYED)     19 December 2010

you may claim maintenance,

perhaps your case is ex party.

claim it, without lawyer (in person). then the cost will be very nominal.

1 Like

(Guest)

As per the Sec. 20 and 22 of the DV act 2005 you can claim the amount (alimony) . also the utensils.   That your court expenses proceedings are completed within three months(may extend 6 months) Approach a social welfare officer of the area(protection  officer)

Avnish Kaur (Consultant)     23 December 2010

CAN U Prove that domestic violence took place?

Avnish Kaur (Consultant)     23 December 2010

arup ji is right try as party in person . you shud have  asked for alimony before adjudication  of annulment.ur husband let u go for a bypass to ur petition seeing there was no alimony demanded in it,also no one likes to face fake 498a and all . its now like crying over split milk. but u can certainly try in person.


(Guest)

some things which can not be disclosed in order to protect the interest of wife.  But things will inititiated  from the date of marraigeprofessional ethics

Avnish Kaur (Consultant)     25 December 2010

sir this is a professional forum , and her id is not clear u can very well post ur views


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