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reeavees (n/a)     12 November 2007

Reg. Divorce

I need your help.  My sister got married on 2004, since then problem had started with my brother-in-law.  we had given enuff time to correct himself, but he didn't change himeself neither his parents concerend about that, they were saying its problem with my sister. now we are planning to go for the divorce, that guy is saying i wont give the divorce, in this case how it would be handled.

pl throw some light

your help is highly appreciated

thanks


Learning

 5 Replies

anupam_advocate (n/a)     15 November 2007

hi
reeavees
if u sister's husband not ready to give divorce you can file divorce petition under section 13 hindu marriage act 1955. on the grounds of phys., mental cruelty and desertion in family court .
you can also file section 24 h.m.act 1955 for legal expenses and maintenance ""pendente lite"" during pendency of section 13 in court.
at the time of filing divorce petition you can also claim parmanent alimoney under section 25 h.m.act and stridhan in under section 27 h.m.act 1955

rashok (n/a)     16 November 2007

Dear sir,

          Regarding filing petition for alimony and interim maintenance is there any provisions regarding calculation of the total income of the husband for fixing the amount. I am not clear if an husbands total income will be calculated and alimony is fixed by court of law or else any fixed amount regarding this claim.

Plz make clear this point sir.

thanking you,

Regards,

cholashree

anupam_advocate (n/a)     16 November 2007

all alimoney nd maintance court will fix according to husband satus .
for example.
if husband salary(cash in hand) is rs. 10000/-
wife can claim min.1/3, max. 1/2 of this amount
under section 125 cr.p.c

rashok (n/a)     19 November 2007

Sir,

  Thanks for ur valid information. sorry for arising another question regarding this issue. suppose if the husband is unemployed and have no percapita income of his own and wht will be his status in allocating maintenance

expecting ur reply sir.

tsankaran (n/a)     07 December 2007

in such a situation when the wife is unable to establish the total income of the husband or when the husband is not in service then generally the court comes to a conclusion that if the husband is pheasically fit and able bodyed them he must be able to earn atleast 1500-2000 per month and asuming one such amount as his minimum earning the court fixes a minimum amount of maintenance in the range of 200 to 500 per month.

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