Regarding the refund of alimony
3 years ago
Sir/madam we got married in 2016 our wedded life is ended in two months when she got away.after this they file a case in 2018 and never attended it.in 2019 they made a panchayat and settled the matrimonial issue for some amount now they filed joint mutual consent divorce petition.my questions are
1) can I ask back the amount which was paid in the absence of me.
2) can I file rcr to be safe
3) her father abused me and my mother very vulgarly and in very bad manners can I sue him.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
just mention the amount paid as alimony in mutual divorce.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice and final advice can be given only after going through your case in detail .
Srinivasa Prasad
Responded 3 years ago
2) No. It is of no use. By doing so, you will be purchasing more litigation.
3) Practically it is not possible. You need to prove the same with material proofs, yes, there is a chance of criminal defamation, subject to you prove it before court.
You can file divorce with alimony. Court divorce is necessary.
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Suneel Moudgil
Responded 3 years ago
mutual divorce is filed by both husband & wife. pls clarify the facts for a better understanding.
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you have two options,
one option is to,
file #contested divorce on the grounds of #mental cruelty but it will take around 3-5 years,
once you file contested divorce she may file/claim
#498a complaint
#Domestic Violence case
#maintenance,
so be ready for them too,
and,
the second option is to file #Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Ramachandra Rao Kakulavarapu
Responded 3 years ago
If you have any evidence to prove the abuse, then it may be
Ayantika Mondal @ Prime Legal
Responded 3 years ago
It is advisable to file rcr only if you wish to co-exist with your wife. You can claim compensation for the abuse done by the in-laws.
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