Legal Question in Family Law in India

Dear Sir,

i am married form 13 years with one 9 year old girl child. Since last year september 2009 my husband got involved with a girl and is staying away from home in his factory and spending recklessly. I freezed our joint accounts (source of money is my husband's)(mode of operation-anyone or surviour ) and later tranferred some fund into my new account under single operation. the rest of our investments are also having either or survior mode of operation. Recently he withdrew a small amount from my account (shown in my tax file) vide atm transaction without my knowledge. He has also transferred fund from my mutual fund investments under his single operation. I am a Director and a share holder in a private ltd company for 2 years and the only other director/shareholder being my husband. I draw Rs12000/month a salary with which it is not possible to maintain myself and my daughter. he is also not giving me the monthly expenditure cheque from march, 2010.

Now can i further transfer funds from his investments under present circumstances?

If he/I ever file a matrimonial suit, will it create problem for me?

If i file a maintenance suit how much can i get from him?


Asked on 4/09/10, 8:08 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The maintenance amount will depend upon the requirements as per "standard of living". You are free to transfer such amount of funds as may be needed for your living. There should be no problem on such a transaction. On the other hand, you may seek damages / compensation from him for causing domestic violence under the heading "economic' and "emotional" violence.

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Answered on 4/09/10, 8:46 pm


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