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
A.Dear Madam,
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.
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Sunil Kumar Singh
Responded 5 years ago
A.Madam exparty decree must raised on court for claim maintenance. Since you give permission to said husband to file divorce by notarized affidavit court has convinced grant exparty.
Kindly change statement by filling new statement in fresh petition for maintenance
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Rameshwar Dadhe
Responded 5 years ago
A.What are you doing till now . Or Ur affidavit . When you was opportunity that time not respond now how it possible.
Dear Client,
Without a decree of a Court, a marriage even held and registered under the Hindu Marriage Act or the Spl. Marriage Act is not dissolved. So, if there is no scope for reunion or cohabitat...
Dear Sir,
Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
Dear Sir,
First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
Dear Client,
In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
Dear Client,
In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
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