Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Can wife file for alimony even after divorce?  (Read 1263 times)

0 Members and 1 Guest are viewing this topic.

Offline anandthuy

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Can wife file for alimony even after divorce?
« on: March 11, 2017, 07:34:38 PM »
Can wife file for alimony in India after divorce is granted in UK? (both husband and wife are non resident indian citizens and got married in UK)

Can a divorce be filed in India, while a divorce is already filed in another country? As Indian laws may provide more rights to women. Since marriage ceremony was not done in India or registered in India, still are the Hindu Marriage Laws applicable?

Offline advocate-lyngdoh

  • Veteran at Law
  • *****
  • Posts: 197
  • Karma: +5/-1
  • Member of Shillong Bar Association
    • View Profile
Re: Can wife file for alimony even after divorce?
« Reply #1 on: March 12, 2017, 01:16:25 AM »
Indian court will not entertain your matter as you got married under UK laws.
and Divorced in UK.
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1528
  • Karma: +59/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Can wife file for alimony even after divorce?
« Reply #2 on: March 12, 2017, 01:54:44 AM »
NRI enjoys rights and privileges of Indian Law. Even marriage has not been registered but it is an admitted fact. So she can file maintenance case under Section 125 of Cr.P.C.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline anandthuy

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can wife file for alimony even after divorce?
« Reply #3 on: March 12, 2017, 05:58:53 AM »
Assuming divorce is already granted in another country, if wife wants to file for maintenance:
1. Can she file through any state of India? I am assuming she need to provide residential proof for that state.
2. How much time does it usually take for grant of maintenance - if they are already divorced?
3. Does it go through court hearings?
4. Does wife need to submit proof of husband's asset and properties? OR husband is required to submit Income Tax return statements if court orders or other party requests through court - that can determine his assets, but may not reveal properties, correct? 
5. What if husband transfer all properties and assets to his family members? Does the court look at what he had during the course of marriage?
6. Is there any time limit to file for maintenance after divorce?
« Last Edit: March 12, 2017, 06:04:47 AM by anandthuy »

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1528
  • Karma: +59/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Can wife file for alimony even after divorce?
« Reply #4 on: March 16, 2017, 12:38:30 PM »
1. Can she file through any state of India? I am assuming she need to provide residential proof for that state.
Ans: Yes

2. How much time does it usually take for grant of maintenance - if they are already divorced?
Ans: Depends of Judicial procedure and initiative taken by wife

3. Does it go through court hearings?
Ans: Obviously

4. Does wife need to submit proof of husband's asset and properties? OR husband is required to submit Income Tax return statements if court orders or other party requests through court - that can determine his assets, but may not reveal properties, correct? 
Ans: For maintenance assets of husband are baseless. She has to prove that she was your wife and she has no independent/ sufficient income to maintain herself.

5. What if husband transfer all properties and assets to his family members? Does the court look at what he had during the course of marriage?
Ans: No need, if you pay maintenance to your wife as per court order.

6. Is there any time limit to file for maintenance after divorce?
Ans: No
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline anandthuy

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can wife file for alimony even after divorce?
« Reply #5 on: May 14, 2017, 08:49:29 AM »
Can wife file for alimony in India after divorce is granted in UK? (both husband and wife are non resident indian citizens and got married in UK)

Can a divorce be filed in India, while a divorce is already filed in another country? As Indian laws may provide more rights to women. Since marriage ceremony was not done in India or registered in India, still are the Hindu Marriage Laws applicable?

If wife claims for Alimony in the response to the divorce petition in UK. If the court either denies alimony (because spouse is independent) OR grants some alimony - can she again file for alimony/ maintenance in India - if she didn't is not happy with what court granted in UK?

OR since she already brought up the maintenance claim or alimony claim once - she cannot bring up that claim again in any other court?

Free legal Advice - lawyers Forum


 

File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration
Ph no: 9891244487

For Mutual consent Divorce in Delhi
-Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2018
Get Free legal Advice here from top notch lawyers in India