Legal Question in Family Law in India

i have filed case under section 125 crpc.for maintenance.(i have been living separately from my husband as he and my in laws r harassing me) but one of my friend who is new in this field says that according to this section u will get very less amount of maintenance. instead i should ask for maintenance under Hindu marriage act.
so which is better option for me. i want to file for divorce also. i have already appeared for 2 counseling sessions. now next is on 29th sept 2011.
i have already filed case of DV. but his lawyer is very strong diverting court's attention to trivial issues. this time she purposely took date of 29th sept 11. now m not getting what is her intention?
is it something that if in 3rd counseling the counselor give some report or court may allow some maintenance then my husband's lawyer will raise this issue in (andheri court) DV?
if i know her intention and get some idea about her probable strategy i would plan accordingly my case.
to argue in court is it rule that i should raise my hand (if my lawyer doesnt speak material things)?
is there any protocol which i should follow to present my side?
ur suggestions and information is quite important for me.

Asked on 9/25/11, 1:53 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

0 users found helpful

0 attorneys agreed

you can always put your point forward with the permission of the court and there is no bar to that unless objected by the presiding officer himself. regarding the amount of maintenance, a lawyer has to go through your entire case file to ascertain whether your case is strong enough for maintenance. however, there is no bar u/s 125 and the earlier ceiling has been removed.

Answered on 9/25/11, 10:38 pm

Mark as helpful