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Author Topic: Need information and advice on alimony laws  (Read 1060 times)

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Offline sunnythoughts

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Need information and advice on alimony laws
« on: December 15, 2013, 12:48:49 AM »
Thanks for taking time to go through my post.
Let me start mentioning some background.
I am from Goa; currently residing in Pune, Maharashtra. My spouse is from Kolhapur, Maharashtra. I have been unemployed since October 2012. My spouse has left my current residence ( rented ) from Pune during Diwali this year. Immediately after Diwali, she went to my house in Goa with fake complaints about me to my mother; which of course, no one there believed as they know my nature very well. The bottomline there was she declared verbally to my mother, sister and my sister-in-law ( bhabhi ); each one separately; that she no longer wishes to stay with me and left for Kolhapur early next morning. I visited my house in Goa after the incident, clarified my mother from my side and came back to Pune and have been staying here alone since then. When I was in Goa, she along with her 2 sisters and brother-in-law visited my residence in Pune and took all her clothes, etc.; which I came to know about only after my return from Goa.
Now, I have come to know that they have started gathering information and documents about our property which is a clear indication that they either wish to file divorce suit ( I am not aware on what grounds since my knowledge about Hindu Marriage Act mentions it can be filed only after two years of living separately; but you are better to judge about the same ); or demand some share in cash or kind to settle the issues outside the bench; which I think carries a high probability.
My question is : On what grounds can they ask for alimony given the following conditions :
1. I am currently unemployed and have no source of income.
2. I do not have any immovable property in my name. ( My house in Goa was built by my father and then transferred to my mothers name after his demise. We have another house in Belgaum district Karnataka built by my father also is in mothers name. Other property like land at my native place in Karnataka received by decadence is in my mothers name. )
Among the property mentioned in (2) above, which are the areas where can they claim alimony ?
Please get back in case you need more details

Offline advocate-lyngdoh

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Re: Need information and advice on alimony laws
« Reply #1 on: December 16, 2013, 04:00:59 AM »
your wife has no claim over your parents property she can claim what u own.

regarding your unemployment status, court will exercise its best judgment.

now is your wife working?

do you have children

this two points are very imp to determine alimony
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline sunnythoughts

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Re: Need information and advice on alimony laws
« Reply #2 on: December 17, 2013, 02:08:17 AM »
Thanks Adv. Lyngdoh,

By no claim on parents property; do you mean she cannot claim any property that is not in my name even though it can be transferred to my name at a later date through inheritance ?

If my mother expels me from the inheritance rights ?

My wife was working prior to leaving my house but has lost the job since she did neither informed at her workplace about her resignation nor did she return. She has not even turned up to collect her last salary.

I do not have any children.

Please get back in case you need any more information.


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