Legal Question in Family Law in India

125sec.

hi. i have filed for sec125 , 498A and DVA. maintenance case is due for feb along with DVA. We live seperate for 2 yrs now. We are muslims. Husband has not paid for anything till yet, have a daughter also, who has some birth problem which needs medical attention. HUsbnad earns 3lacs PER MONTH. what percentage of maintenance shd i be able to get for my daughter only? I am not sure if i will get the maintenance since we are muslims and he claims to have divorce me which was unknown to me and i am not sure whether he did that or not.

now he frequently mails me and says he wants to look after my daughter and take her resp. and for that he wants me to agree to some agreement verbally and take back the cases. what should i do in such a case? Please answer me.


Asked on 12/14/08, 3:02 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 125sec.

You should continue pursuing your cases. Though divorce may not be valid; but there appears to be no good reason for returning to such a person who does not have respect for his wife.

A child is entitled to maintenance allowance to the extent of his requirement in terms of "standards of living" of the father. You will need to determine the need of the child for bringing her up in "best possible" ways in tune with income of your husband.

If you could establish requirement of the child, you may be entitled to approximately Rs.40,000/- to Rs.50,000/- p.m. for her maintenance. One sixth of income is considered reasonable for maintenance of a child in a given situation, particularly when the family comprise three members and the income is very good.

Read more
Answered on 12/14/08, 7:47 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: 125sec.

as far as criminal cases are concerned it does not differentiate according to religion and you will get the desired relies under these laws. the personal laws come into play only in case of divorce proceedings.

Read more
Answered on 12/14/08, 11:36 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 125sec.

Please contact personally alongwith all the details.

Read more
Answered on 12/15/08, 3:17 am
Nasir Butt Nasir Law Associates

Re: 125sec.

Criminal and family proceedings will give you nothing except to bad affect on minor. Think about compromise with your husband, if possible.

Apart from maintenance for minor, minor needs full family for her brining up, i.e., mother for her education and father for her maintenance.

I have handled number of case of such type, in which minor is badly affected in the fight of husband and wife.

Don't go away, and think about compromise, if feasible.

Read more
Answered on 12/15/08, 8:19 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 125sec.

Your lawyer can be your best guide as he has full details of your case.

Read more
Answered on 12/14/08, 8:25 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India