Legal Question in Family Law in India
In continuation of my prev ques..I would like to reconfirm if my daughter can get a monthly maintenance or if the court can order my son-in-law to tk her back or provide a rented accomodation. The boy never used to hit her..he would avoid interaction with her and misbehave with her under his mother's guidance who is the root cause..Can the court order for a reunoin--I am pasting the ques again0My daughter is fighting a legal battle of divorce and DVA against her in-laws and husband ...she is earning 30k per month and her husband is earning 40k per month can she get a maintenance..her husband is not ready to keep her with him..she is not interested in divorce. they do not have an issue. Can the court order residential orders for her if not maintenance. It;s been almots 9 months ever since DVA was filed. She has recovered 70% of her dowry articles and stridhan is still with in-laws..498a case was filed in which they got bail as their lawyer is very cunning and twisted true facts..pls help as my girl is under severe depression.
2 Answers from Attorneys
i do not think that she can get maintenance as she is also earning almost at par with husband. she can get maintenance for the issue and not for herself. regarding residence, she has all the rights to stay with her husband in a shared household. better ask your daughter to have a control on herself otherwise, she may lost the custody of her daughter due to depression.
Since they do not have any issue out of wedlock, it may be better for your daughter to stay away from her husband in the wake of allegations of cruelty.
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