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janedias   21 December 2014

Maintenance amount

I am a Catholic who got married under the Christian Marriage Act. My husband and I have been living separately since the past 2 years with no communication. We have a 4 year old son who I am taking care of. My husband who works in Dubai is not replying to my messages and calls. I am thinking of filing a divorce. Some of the questions that are coming in my mind are:-

1) Will my child's custody go to my husband?

2) Will I get any amount for the upbringing of my child? Since he is working in Dubai even if the courts here pass an order asking him to give me certain amount if in case he doesn't pay up should i knock on the court's doors everytime he doesn't pay up.


3) I do not have any proof of my husband's salary details and his property in India is in the name of my father in law. In such a case will I get any alimony amount and maintenance amount for my child?



Learning

 4 Replies


(Guest)

If your husband does not pay, you can go for execution proceedings, warrant/nonbailable warrant will be issued, and if you know where he stays in dubai he can be brought back to india and put behind bars for not paying alimony.  However, if his whereabouts are not known, and if there is no proof of his income and if there is no property in your husbands name, then nothing much can be done, there is no procedure in law to remove his kidney and sell it, you will just be left in the cold.  Find a job for yourself, self respect is found in great people.

1 Like

Adv k . mahesh (advocate)     22 December 2014

what is the reason behind that he is not talking to you nor responding to your mails

thus there parents reside in india and you have there address i think so then discuss with them about ongoing incidents in your life with them and sort out the issue and since last two years i think you are also working to your livilihood and for working ladies no maintenance is given but for the kid court will order and he has right for the custody of the child if he wants in future after kid become 7 years and about alimony depends when he responds to your court orders  

1 Like

janedias   29 March 2015

Hello Sir,

I had sent an email to my husband asking him for his decision in January, he called me today morning and told me that he wants to get separated. He told me we can do it in a nice way or ugly way and gave me 15 days time to think about it. I am scared and do not know what to do and what to reply. He said he wants to go for a mutual consent divorce.

My queries are:

1. If we both go for a mutual consent divorce will I get any alimony and maintenance amount as he works in Dubai? I have a 4 year old son whom he is not supporting for the past 2 years. If he is not giving me any money for my child then why should I give him divorce easily?

2. If I do not consent to the divorce what possible action will he take?

3. In Mutual consent divorces do women get any alimony amount?

4. My husband resides in a different city near Mumbai and I stay in a different district but we had both got married in Mumbai. In case he files for a divorce in his city will I have to travel to his city for every hearing or will the court schedule the hearings to my place since I have a son to take care of.


(Guest)
Originally posted by : janedias


Hello Sir,

I had sent an email to my husband asking him for his decision in January, he called me today morning and told me that he wants to get separated. He told me we can do it in a nice way or ugly way and gave me 15 days time to think about it. I am scared and do not know what to do and what to reply. He said he wants to go for a mutual consent divorce.

My queries are:

1. If we both go for a mutual consent divorce will I get any alimony and maintenance amount as he works in Dubai? I have a 4 year old son whom he is not supporting for the past 2 years. If he is not giving me any money for my child then why should I give him divorce easily?
Like this he will file divorce, you will contest it , by the time the kid is 14 you will get divorce.

 


2. If I do not consent to the divorce what possible action will he take?

Like this he will file divorce, you will contest it , by the time the kid is 14 you will get divorce.


 
 

3. In Mutual consent divorces do women get any alimony amount?
She has to file alimony application in order to get alimony. which will be based on merits of case.



4. My husband resides in a different city near Mumbai and I stay in a different district but we had both got married in Mumbai. In case he files for a divorce in his city will I have to travel to his city for every hearing or will the court schedule the hearings to my place since I have a son to take care of.

 

Best option is to pacify with husband, you have 4 year old kid, keep aside ego.


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