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Minal (Student)     25 May 2011

Divorce, compensation, Please help

Hello, This is Minal. Im from Mumbai. I secretly married in Nov 2006. Now there are differences between me & my husband. These years, he has been living at his place, and me at mine. Coz we havent publicised our marraige in front of every1. Only my family knows abt it. So we never stayed together in these 5 yrs. Now we are looking for divorce. But I want to add, these years he hasnt given me a single penny. My family is financially supporting me. Im not a working woman. So I want to know abt the compensation part. Can I ask the court for the same, and how is the compensation amount decided. If I choose compensation every month, can it be 50% of his salary? Can I get it as compensation? Or if I ask it one time compensation, how should I decide the amount. And also, if he refuses to give divorce if asked compensation, as his legally wedded wife, can I get a certain amount or 50% of his salary every month for monthly expenses? Can I ask this to court. Plz guide. I have no knowledge abt it. What should I do? Plz help. Also can u give any contact details of a good Lady Adv dealing in Divorce cases in Mumbai.

Thanking You.



Learning

 40 Replies


(Guest)

Yes

 

You can get upto 100% if you try in right way.   Court may not get you that though.

Minal (Student)     25 May 2011

Im asking abt monthly maintainance or 1 time compensation.  He is refusing for both. What should I do?

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     25 May 2011

I'm totally disagree with the views of ONLYTRUTH


(Guest)

Minal,

Your marriage was never consumated.Do you think you should ask for maintenance in such situations?

Did he tell you that he is not giving you divorce?Discuss the matter with him and try to solve it mutually.

Don't ask any money.Search a suitable partner for you and be happy.Let your husband free.I find no reason to ask maintenance from him after reading your query.


(Guest)

Minal,

Why did you not stay together despite being in love,that got you married with each other?

Anyways,I think you can file for maintenance under Section 125.Before you file,be ready with all his salary proofs.If you don't have them,you can ask the judge to summon his company's HR head to bring the proof.

If he in govt. service,you can get all details from RTI.

My above answer may be right wrong.So repost your query in EXPERTS section,under family law to get lawyers' advice.

Krishna Kumar (Business)     25 May 2011

Originally posted by :utpala kaur
"
Minal,

Your marriage was never consumated.Do you think you should ask for maintenance in such situations?

Did he tell you that he is not giving you divorce?Discuss the matter with him and try to solve it mutually.

Don't ask any money.Search a suitable partner for you and be happy.Let your husband free.I find no reason to ask maintenance from him after reading your query.
"

Oh. After a long time, I seen this type of a sentance from a feminist. Thanks atleast understanding the pain of Men.

@Minal: Could you please try for a job. Instead of expecting money from your husbandd (named as), please try to get a good job and live. Sorry to say it may be paining you, but think some one come and grap your money earned by your hardwork how do you feel.


(Guest)

@ above

 

She's seeking legal advice.Not your crap.If you have nothing good to say,leave this thread.

 

Dear Minal,as already suggested,pelease repost your query in experts section.Otherwise you will hear nonsense things from people like above.

2 Like

Tajobsindia (Senior Partner )     26 May 2011

@ Author

1.
A illegitimate wife is entitled for maint. under S. 125 CrPC so you being his illegitimate wife may be entitled for interim reliefs under this section. Whatever his proved income by you half he will keep and from another half he will still keep a half of it and you will get only 1/3rd. or 1/5th. of proved income. But you have to prove first ability and reason to stay away from him along with proving his income. This is interim maint. part.


2. After S. 125 CrPC interim maintenance now you will be cross examined of the evidences and if you prove you will get final maint. till you remain un-married and till he is employed and by either change of circumstances it can descend or ascend accordingly.


3. Since S. 125 CrPC in long run may not help you get your freedom so you will be made to contest a divorce suit filed either of you.

However, once any case in floor of Court the cat will be out of your love story so see where you want to be exposed and use the best of current women’s laws accordingly.


BTW, if you didnot believe in "institution of marriage" what was the compulsion to marry afterall, think in prospect and answer yourself and then act ! This is how women misuse Laws.

1 Like

Krishna Kumar (Business)     26 May 2011

Originally posted by :Meenal Bahadur
"
@ above

 

She's seeking legal advice.Not your crap.If you have nothing good to say,leave this thread.

 

Dear Minal,as already suggested,pelease repost your query in experts section.Otherwise you will hear nonsense things from people like above.
"

Legal advice for what madam?. anyway Thanks for given this reply.

Tajobsindia (Senior Partner )     26 May 2011

Originally posted by :zimmerzapper
" Originally posted by :utpala kaur
I don't think you understood the statement i highlighted in red, when it's man she tells go work, for a woman she tells go find another man to live off him."
"

 Have you not heard "Economics of minimalist OPPORTUNITY thy name WxxxN"

 

2 Like

(Guest)

 

Originally posted by :Krishna Kumar
"

Originally posted by :utpala kaur


"Don't ask any money.Search a suitable partner for you and be happy.Let your husband free.I find no reason to ask maintenance from him after reading your query."


Oh. After a long time, I seen this type of a sentance from a feminist. Thanks atleast understanding the pain of Men. no krishna kumar i don't think you understood the statement i highlighted in red, when it's man she tells go work, for a woman she tells go find another man to live off him.

"


 

Author of this post, a window helps us to see many things....from garbages on the earth to the blue sky..!.Now it depends upon the viewer what he wants to see...The author told that there are differences between her hubby and  her .So I adviced her to search a new life partner so that she can live the fullest.

thanks for giving me so much interest though I too have a good advice for you- don't waste so much time for me analysing what I m saying.

got it?

1 Like

(Guest)

@

 

Tajobsindia

A professional person 

the producer and director of GOLMAL 99(Dowry Story)

............again after WxxxN?





1 Like

zimmerzapper (student)     26 May 2011

Originally posted by :utpala kaur
" Author of this post, a window helps us to see many things....from garbages on the earth to the blue sky..!.Now it depends upon the viewer what he wants to see...The author told that there are differences between her hubby and  her .So I adviced her to search a new life partner so that she can live the fullest.

thanks for giving me so much interest though I too have a good advice for you- don't waste so much time for me analysing what I m saying.

got it?
"

 

 

why don't you advice men to find life partner to live their life to fullest? in "horrified" thread i asked what can a man do if they have been subjected to domestic violence? you said men don't need it because they can go and work. but nowadays even women can go and work. so why?

zimmerzapper (student)     26 May 2011

guess who is the copyright holders and distributers of SHRIMATI 420 ?
 


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