Legal Question in Family Law in India
I'm married from 8 months. I sepreted from my husband after 2 months of marriage as he forced me to go. Can I file for maintance? He earns 30 thousand pm . mother in law taking 25 thousand pension pm. 10 thousand rent of shop and house owned by mother in law. He is living on rent now. Saying he has nothing in his bank account. No savings at all. Mother in law owned 2 houses. Husband ke name pe kuch bhi nhi h. Ek brother and ek sister h. Husband ka kehna h ki unki sari salary rent aur baki expenses me chali jati h. I'm undergreduate. Not working anywhere. But before marriage I worked for 2 months. I'm trying my best for getting a job. But qualification ki vajah se job nhi mil rahi. Husband ka kehna h ki m proof kr dunga ki tum job kar sakti ho. Agar tum bologi ki maine pehle 2 month job nhi ki to m bol dunga ki mujhe jhoot bola gya tha pehle. Kya mujhe monthly expense mil sakte h? Husband wants divorce. But not filed yet. Mujhe maintainance/ailmony ke liye kya krna chahiye?
1 Answer from Attorneys
1) First file RCR, DV and 498A cases.
2) Yes. U will get maintenance. He is just simply threatening to get divorce.
3) His financial status and the comforts u enjoyed before at matrimonial home
will be considered even if the wife is earning.
4) Dont give divorce from ur side. Contest it. No MCD also.
5) If he makes Nil balance in his account court can understand to avoid
maintenance to u he is doing all this.
6) Engage a local experienced competent lawyer who can deliver results to u.