Legal Question in Family Law in India
i have filed a case for domestic violence act 2005 against my in laws and husband and ask for Rs 50000 interim maintenance (i know that court will not grant that much) as he earns 150000/p.m.
next date for hearing is 13th july.(in previous hearing their lawyer said that i m working so i should submit all salary slips and IT return. but the fact is since last year i was not working as i was under medication and completely broken.)
i have also filed for maintenance under 125 crpc. of same amount. can i do such thing?
will court allow me to do so?
can i work as i have done M.com Mphil and pursuing MBA and getting opportunity. but this is not permanent job.
plz advice me.
ur guidance will be very helpful for me.
again they have mentally tortured me which is very difficult to prove. my husband had affair with his colleague who is still working with him. and was not ready to have any relation with me. how can i prove all this.
since i was never intended for divorce i never cared to gather proves
2 Answers from Attorneys
It does not really matter what the Opposite Lawyer tells you to bring. Its only if you commit to take the papers to court then you will have to take them. Secondly if the Judge / Magistrate has directed you to get the papers then you may him/her that you do not have the salary slip etc as you are unemployed.
DV Act is in addition to other laws and so you can apply for maintenance under section 125.
You may take up a job and this will surely make you confident and independent in the long run. Your husband's extra marital affair is a kind of emotional and sexual violence on you. It falls within the purview of DV Act
there are some contradiction in your own words pls call and discuss on all this.
thanks.