Legal Question in Criminal Law in India

query

I am hindu married girl.My husband works in US on H1.Due to torture by my husband and inlaws i came back to india.But when my inlaws came back to India i went to US again for reconcilation as his parentgs would not be there to influence him.But after going to US my husband abondoned me.I asked him over phone to atleat buy my return air ticket for india.He refused to buy it for me saying he didnot invite me to go to his place.So i have to make arriangement for my ticket.

My father is retired and depending on pension.He spent eighty thosand for my airticket of going to US and coming back to India.

1)Is my husband legally bound to give me the money for my airtickets?

2)iF yes what is the procedure to het this amount.I have already filed for maintenence under sec 125.Can i cliam this amount in my in my 125 case besides asking for monthly maintenence or i have to file another case for this purpose?


Asked on 4/03/09, 1:36 am

6 Answers from Attorneys
Yanala LaknaReddy Law towers

Re: query

If you went on reconcilation call from any of office/person conserned, you can include this amount in your claim. If not forget it. There is little chance to succeed, if you went on your own accord.

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Answered on 4/03/09, 9:20 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: query

1. No.

2. No.

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Answered on 4/04/09, 1:01 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: query

HELLO.

GOOD AFTERNOON!

1. No

2. No

In case of need please contact personally alongwith the details.

OR

In case of further query mail me.

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Answered on 4/04/09, 3:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: query

1)Yes he is bound to maintain you in every way. 2)You can file maintenance application in the court under Domestic violence or HMA.

3)you can't get the same in 125 case.

If possible contact personally with full details for consulting. (Chgs Rs 100/- only)

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Answered on 4/03/09, 3:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: query

You may pursue your remedies under Domestic Violence Act and claim adequate damages for the 'violence' he committed. You may better peruse the definition of "domestic violence" as given in the Act.

The actions of your husband may be well within the meaning of this provision and therefore you may take appropriate action against him.

A complaint under the D.V.A. may be filed in the SAME proceedings pending u/s 125 Cr. P. C. as a Misc. Petition.

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Answered on 4/03/09, 8:19 am
Pranav Desai PD Legal & Associates

Re: query

Yes he is bound to maintain you and you can claim the amount under the petition filed under section 125

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Answered on 4/03/09, 1:17 pm


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