Legal Question in Family Law in

Dear Sir/ Madam, Need your valuable opinion urgently pls.
Q. I was married under Hindu marriage act in a very lavish manner in 2007 , My Husband had a illicit relationship and sent me to my parental home in a planned manner in 2008 and in my absence filed Divorce cased based on cruelty. I met with a critical accident in 2009 and since then I�m on bed. Currently Divorce is at the stage of cross examination of petitioner.
I�am looking forward to settle the matter however my husband is not ready to pay the legitimate alimony. He wants to get over without paying any required amount.Till now I haven�t filed any case against him, but only a police complaint in 2009 when he threatened to kill me but that was not logged as an FIR.
Kindly suggest out of the options below which cases will actually help me to pressurize him so that he reaches to a right settlement figure
My questions are
A) Can I still file a Women cell complaint ? What is the section number ?
B) Am I eligible to file a maintenance order .. Both of us are working but he earns triple my salary? Can I still get some part of money by filing maintenance. What is the section number
C) Will there be any strong effect by filing Dowry case & Domestic violence.?
D) Am I eligible to file a occupational order ?
Waiting for your reply.......Thanks in advance

Asked on 2/09/11, 10:05 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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Though you are late, but, still (because of accident in 2009) you may still file a complaint with Women cell under section 498A and 406 IPC. (Ofcourse, you have to be concious to be not in contradiction with the reply you have filed in Divorce case filed by husband).

Yes, you may get money by filing maintainance. In fact, in divorce petition itself, you should have filed application under section24 HMA for litigation expences and especially after accident you should have asked for medical expenses unless otherwise covered by an insurance etc.

At this stage, dowry case may not be that forceful but domestic violence certainly (u/s 12) for compensation (because of accident) , right of residence etc. can be to your advantage.

I am not clear about your question D.

What happened to your complaint of 2009?

Good Luck!

Vishwa Arya

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Answered on 2/09/11, 10:28 am

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