Legal Question in Family Law in India

I am Anandhi 38 yrs old. I've been married for 4 yrs. I've got a 3yr old daughter she is with me. I've been facing mental and physical harassment from the day one of my marriage. I was separate for 1 yr in the year 2011. I started living with him from Jan 2012. The harassment continued. In the month of Nov'12 he threw me out of the house and left me in my sister's house. He has not been giving any thing as maintenance even for the child. I filed a Domestic Violence case against him in Feb. We both agreed for a mediation in April'12. I was planning to go back to him, but he kept on dragging in the mediation and finally when we were to sign the agreement, he did not turn up and now he has told that let it go back to the court. After all these I am also not willing to live with him and I do not want the matter to be sent to the court. I wanted to go for a divorce. Supposing he opposes for the divorce what will happen? How long the case will drag on? Or if he agrees how much will I get as maintenance. His salary is around Rs.60-70 K. Has his own house, car etc. Please clarify.


Asked on 7/27/13, 4:46 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may be entitled to almost half his income. The case may not take very long. Once you start the process, pursue litigation diligently.

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Answered on 7/27/13, 5:42 am
prasad patil

dear client generally court order 25 to 50 % amount out of monthly income of the husband to wife and child. u have to file maintenance case under sec 125 of criminal procedure code. u can also ask good amount as alimony with divorce. file divorce on the ground of cruelty. it will take one to two years to decide. contact me on 9422611385 for any legal help

ADV PRASAD PATIL

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Answered on 7/27/13, 7:02 am
KAMAL GROVER

let court send the case back with its remarks, you cannot stop, but it is in your favor, if court make its remarks against your husband.

Then you can claim 50% share of all properties of your husband and maintenance of around 20k.

Good luck

For more detail plz contact personally or email.

Regards

[email protected]

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Answered on 8/10/13, 8:21 pm


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