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gunjan singh   09 March 2021

divorce

me and my husband filed a mutual consent divorce and 1 lakh rs alimony was decided which is mention in divorce deed is it possible that my husband can deny to give me alimony even after mentioned in divorce deed





or court will also favour him not to give alimony just because i am well educated but i am not working please give me ur valuable advice


my husband did not return my stridhan and gold which was given to my husband at the time of marriage what should i do now


 5 Replies

Shashi Dhara   09 March 2021

Submit it  before  court and recover before mutual consent is signed.

Thiruthi Asokan   15 March 2021

1. In this case, the husband cannot deny to give alimony to wife even if it is not mentioned in the divorce deed as the wife has the right to claim alimony from the husband mentioned in section 18 of Hindu Adoption and Maintenance Act. If your husband refuses, then it will result in contempt of court and he has to pay the alimony along with the fine. 

2. The court will not favour the husband as the wife is well educated but is not earning anything. There is a difference between actually earning and capable of earning which was cleared in the case of Shalija & Ors. Vs. Khobbanna. As per this,the wife will get maintenance as she is not able to maintain herself as she is not employed. 

3. The husband has to return the stridhan and gold as women has the absolute right over the stridhan and not the husband. In Pratibha Rani V. Suraj Kumar case it was held that the wife has the right over the stridhan and use it as per her wish and the husband will not have any right over it. If he doesnt give it. then the wife can file a complaint under section 405 and 406 of IPC as it provides punishment for those who do not return the stridhan to wife as her right is protected under section 14 of Hindu Succession Act. 

1 Like

avadhesh Paliwal   27 March 2021

YOU HAVE FULL RIGHTS OF RECOVER YOUR STRIDHAN AND JEWELLERY ETC AND ALIMONY FROM YOUR HUSBAND EVERY YOU ARE EDUCATED OR NOT EDUCATED.

THIS IS PRIMA FACIE ACTION OF COURT


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Megha Bindal   29 July 2021

Hello,

Regarding your query,

Firstly, Streedhan and Alimony are both your RIGHTS. You can claim both. Section 25 of the Hindu Marriage Act, 1955, provides for permanent alimony and maintenance.

Because you have previously acquired a divorce decree that includes the alimony amount, the husband cannot refuse to pay it. Assume the husband refuses to pay alimony. He is in contempt of court and may be ordered to pay the alimony and a fine in that situation.

Also, it does not matter if you are educated or not; if you are not earning currently, the husband has to pay the alimony. In the case of Shailja & Anr. Vs. Khobbanna, it was held that “Merely because the wife is capable of earning, is not sufficient reason to reduce the maintenance.”

Now about the streedhan, it is your and solely your right to claim it. Hence, you can claim any of your jewelry or streedhan that is currently in the husband’s possession. In the case of Surendra Dixit vs. Smt. Seema Dixit, it was held that all the assets were to be given back to the wife, which her father had passed, essentially her stridhan.

It is best to consult your advocate and claim your rights.

All the Best.

Regards,

Megha Bindal


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