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Divorce - Alimony

My lawyer sent a notice through me to my husband, regarding alimony, but in response to that, my husband has sent me a restitution notice. However, I'm looking for a divorce. 

So I wanna know if I can ask for maintenance or for a property in alimony? If in case I can ask for property which property would it be the one which is taken after our marriage took place or some other property?

But the thing is that I am a well educated and qualified individual and even earning well, so will I even be eligible for getting alimony from my husband?

Can I put false allegations like domestic violence charges?

 2 Replies

minakshi bindhani   25 September 2021

As per your concerned query! You may ask for divorce under section 13 of the Hindu Marriage Act, 1955. However, you may not ask for maintenance if you can maintain yourself. As per section 125 of the Cr. PC demonstrates that order of maintenance can be granted only if the wife is unable to maintain herself. The property you may ask for in the alimony, the property is in the name of your husband, which means the titleholder of the property must be your husband. Under Section 25 of the Hindu Marriage Act, permanent alimony is provided by the court to the wife or even to the husband for her or his support and maintenance. In case the wife is a working woman, but there is a considerable difference between her and her husband’s net earnings, she will still be awarded alimony to help her maintain the same standard of living as her husband. If you want to put false charges of domestic violence against the husband or the family and the false charges proves in the court, that is a malicious intention you had falsely implicated against them. Your prayer of relief may not be treated as a genuine ground to be considered. If the law protects the rights of women it does not imply you may it for the sake of mere revenge. This is deemed to be an inhumane behaviour of an individual. Hope it helps Regards Minakshi Bindhani
2 Like

Adv. Harish Adake (Advocate)     26 September 2021

Dont take otherwise and personal.. it will better to Delete this and leave this forum, otherwise this will be used against you in court to suggest that you were always inclined to rely on false allegations

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