Legal Question in Family Law in India

Domestic Violence,Restitution of conjugal rights&divorce

If I do not comply with the decree of restitution of conjugal rights,will I be entitled to maintenance eventually when I get a divorce from my 8-year old husband?

(He abused me,I escaped with my 4 year old daughter and have no wish to ever return.I filed for Domestic Violence case against him but no relief so far.He is harassing me by filing restitution of conjugal rights in his hometown where i was illtreated.He wants to further hharass me.I am not going there!)


Asked on 5/08/08, 1:35 am

3 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Domestic Violence,Restitution of conjugal rights&divorce

Hello.

You are entitled to get maintenance for you and your child.

You may consult a local lawyer and file proceedings u/s. 498-A of Indian Penal Code.

In case of need please contact personally.

Advice is free for you.

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Answered on 5/09/08, 4:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Domestic Violence,Restitution of conjugal rights&divorce

You are entitled to maintenance even now for yourself as well as for your child.

You can seek maintenance at the place where you are residing; and may also initiate criminal proceedings against ur husband not only DVA but also under section 498-A of IPC

Please feel free for any guidance/support. NO CHARGES.

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Answered on 5/08/08, 1:47 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Domestic Violence,Restitution of conjugal rights&divorce

Maintainence and Restitution of Conjugal Rights are 2 different things. So you can get maintainence stating the above facts in the court.

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Answered on 5/08/08, 8:15 am


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