Crpc 125 Maintaince Case Counter Delay by Husband
5 months ago
Hi ,
My husband is not filing counter against me for past 5 months he is delaying to submit liabilities also and trying to create evidenc now only as he has taken new policy as Nominee one me and child. What can I do next as if I file divorce first with alimony as working women can I get alimony for my child and me as till now he never took care of me or my child every expenses is bared my me and my parents. As my husband asking me to file divorce first so if I file first will it backfire me later. If he dint file counter as he don't have proper answers. can I file divorce after waiting for sometime or what steps can I take.
A.Dear Client,
As a consequence, a working woman in India is also entitled to alimony based on her living condition, lifestyle, status, and position in society after divorce. Most importantly the capability of the woman to maintain herself even after earning is taken into consideration while granting alimony by the Court. The Delhi High Court in Jaspreet Singh Vs. Swaneet Kukreja (CRL.REV.P. 162/2021 & CRL.M.As. 5576/2021, 8691/2021) and Swaneet Kukreja Vs. Jaspreet Singh (CRL.REV.P. 194/2021) held that a wife's interim maintenance cannot be denied even if she is capable of earning an income and is a working professional. The Court observed that “the Ld. ASJ has correctly noted that even if it is proved that the wife is capable of earning and is a working professional, it is still no ground to deny her interim maintenance. If the couple has a child from their marriage, the wife may also demand maintenance for the child. Even without divorce, maintenance comes when she is separated from her husband or her husband has separated from her without any proper reason. Maintenance can be claimed by the wife under Section 125, Cr. PC. A working woman is eligible to get alimony depending on her income and living conditions. As per Section 13(1)(ib) of the Hindu Marriage Act, 1955, any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the divorce petition. So, in case you are deserated by your husband for a continuous period of not less than two years, you can file a petition for divorce before the Court praying for a decree of divorce under Sec.13(1)(ib) of the Act. A wife can claim maintenance during the pendency of a divorce case under both Section 24 of the Hindu Marriage Act and Section 125 of the CrPC. Reach out to an Advocate for guidance and steps.
As a consequence, a working woman in India is also entitled to alimony based on her living condition, lifestyle, status, and position in society after divorce. Most importantly the capability of the woman to maintain herself even after earning is taken into consideration while granting alimony by the Court. The Delhi High Court in Jaspreet Singh Vs. Swaneet Kukreja (CRL.REV.P. 162/2021 & CRL.M.As. 5576/2021, 8691/2021) and Swaneet Kukreja Vs. Jaspreet Singh (CRL.REV.P. 194/2021) held that a wife's interim maintenance cannot be denied even if she is capable of earning an income and is a working professional. The Court observed that “the Ld. ASJ has correctly noted that even if it is proved that the wife is capable of earning and is a working professional, it is still no ground to deny her interim maintenance. If the couple has a child from their marriage, the wife may also demand maintenance for the child. Even without divorce, maintenance comes when she is separated from her husband or her husband has separated from her without any proper reason. Maintenance can be claimed by the wife under Section 125, Cr. PC. A working woman is eligible to get alimony depending on her income and living conditions. As per Section 13(1)(ib) of the Hindu Marriage Act, 1955, any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the divorce petition. So, in case you are deserated by your husband for a continuous period of not less than two years, you can file a petition for divorce before the Court praying for a decree of divorce under Sec.13(1)(ib) of the Act. A wife can claim maintenance during the pendency of a divorce case under both Section 24 of the Hindu Marriage Act and Section 125 of the CrPC. Reach out to an Advocate for guidance and steps.
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A.Dear client
Keep records of your financial contributions and responsibilities related to your child. This can be useful when discussing alimony or child support during divorce proceedings. If negotiations are unsuccessful, and you decide to file for divorce. Filing first may have strategic advantages, but this decision should be based on your specific circumstances. Courts consider various factors when awarding child support and alimony, including each spouse's financial situation, contributions during the marriage, and the needs of the child.
Keep records of your financial contributions and responsibilities related to your child. This can be useful when discussing alimony or child support during divorce proceedings. If negotiations are unsuccessful, and you decide to file for divorce. Filing first may have strategic advantages, but this decision should be based on your specific circumstances. Courts consider various factors when awarding child support and alimony, including each spouse's financial situation, contributions during the marriage, and the needs of the child.
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A.Dear Madam,
You can immediately you are not entitle for maintenance as your are working woman but yourself and your son entitle for alimony. You may file divorce case and your husband suppose to pay alimony.
You can immediately you are not entitle for maintenance as your are working woman but yourself and your son entitle for alimony. You may file divorce case and your husband suppose to pay alimony.
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