Legal Question in Civil Rights Law in India
Dear Rajiv Gupta Sir
In this Civil Case My husband has sought the Following Relief:
Plaintiff (My Husband) begs to submit as under:
That in the light of the facts mentioned in the accompanying affadavit it is respectfully prayed that this Hon'ble court be pleased to restrained the defendants from using the name of the plaintiff as Husband of defedant no.1 and father of defendant no.2 for any purpose what sover by means of temporary injunction in any style or manner during the pendency of suit to meet the ends of justice.
The above case was filed in 2006 which is still pending and my 125 CRPC maintenance is of year 2002.
My husband had done a separate case in 2001 which got dismissed due to his ( My Husband) non appearance but i was continously attending that case of 2001 also in this civil case he had asked for the following reliefs: Here My husband is the plaintiff:
a) by a decree of permanent prohibitary injunction defendante be restrained from interfering in the salary/properity of plaintiff.
b)Cost of Suit be awarded infavour of plaintiff against defendante.
c) any other or further relief to which ,plaintiff is found entitled may also be granted in favour of plaintiff against defendants.
Only a single plot of land which has a mobile tower on it is left to be sold which pays my husband a huge sum or rent and security , i have got a stay on maintenance on charge on this plot in a case with him ( sorry i forgot to mention it earlier), I am only getting maintence of Rs.500/- p.m. from him.
My son is not employed and i am really worried in case i or my husband dies in 1-2 years ,the whole case will be different n we will be in trouble,
Please suggest me the way sir,Thanks for your time
2 Answers from Attorneys
your husband has not sought declaration as to declaring the marriage as void. the reliefs sought, even if granted, may not affect your marital status. you may get your maintenance enhanced or seek maintenance in DV case as well.
In a pending court case, piece meal advice may not be appropriate. You may need to engage a lawyer for conducting your case on the basis of documentary and oral evidence you may produce after discussions with him.
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