Legal Question in Family Law in India
My 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.
1 Answer from Attorneys
If she is already earning sufficient amount for her living, she should not depend upon her husband for maintenance. However, she may be entitled to order of shared residence. However, in the interest of her own peace and safety it may be better for her to stay away from her husband after allegations of 498A.
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