Hpw to get alimony from divorced husband
5 years ago
Sir,
I have married an orthopedic ally handicapped person (govt employee) on 29-4-2015 because of my parents force. At the time of marriage i was minor. I left my husband in june 2016 and staying with my parents because i dont want to live with my husband because of his disability. IN march 2018 my husband has filed CRC case asking me to come to matrimonial life. I have not participated in court case., i have given an affidavit (notary ) to my husband in presence of both families stating that i dont want to continue life with him, wantedly not attending the curt case, in future i wont interfere in his personal life and wont expect any financial assistance form him. In july 2018 he filed divorce case. i have not attended for this case also. Finally he got one side divorce decree based on exparte. He married another woman.
Sir can i file maintenance case against my husband, if so will i get the maintenance form my husband as i have given earlier an affidavit
Your right to claim maintenance survives till you get marry for second time. You can say that due to ignorance or otherwise you have executed such affidavit without knowing its consequences etc., you may refer Section 125 of Criminal Procedure Code. In the mean wile you may file formal application to set aside divorce decree to strengthen your maintenance case.
Sunil Kumar Singh
Responded 5 years ago
Kindly change statement by filling new statement in fresh petition for maintenance
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Rameshwar Dadhe
Responded 5 years ago