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Q.Can I register a complaint if my husband does not want to live together and not willing to file divo...

Q. Can I register a complaint if my husband does not want to live together and not willing to file divorce?

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Anonymous

posted 3 weeks ago

I have separated from my husband as he got involved with another woman and threatened to divorce me if I objected. After facing a lot of trauma and harassment , I decided to walk out. Now when I ask about divorce, he says he cant afford it as I was the main financial supporter of the household. He has quit his job and this is the reason he gives every time that when he will get money he will file. I don't want to initiate as it was his idea at first, plus I'm a working woman, living alone, and do not want to be dragged into frequent legal meetings and court visits. I just want to sign the papers and get rid of him from my life. But he is now living his life without regrets and worries and I'm stuck here. I need to get my name changed soon, apply for passport as I may get a job transfer abroad. But I'm stuck because my husband cant afford the fees and other charges. Also I want to know if alimony applies in such a case? Who will have to pay whom? and how much?
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A. Dear client heart you ask for same deny forget his behaviour go for married counselling, I have do the same
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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 3 weeks ago

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A. You can file the DV case with the following prayers.
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 weeks ago

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A. U should file maintenance suit under section 125 of crpc

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 weeks ago

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Anonymous

Replied 3 weeks ago

He lives in a joint family where there are a lot of working members but he has quit his job. Can I still file maintenance suit?

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Rameshwar Dadhe

Experience: 2 Year(s)

Replied 3 weeks ago

Yes . U have right

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