Legal Question in Family Law in India
filing maintainance either sec125 or HAMA
first of all thanks to you all for giving me guidelines in various aspects of my divorce case , sir after your answers i approached to lawyer at bhopal my marriage place bcz i came her for div case hearing , they told me that if i will file maintainance case under 125 the max limit for maintainance is 3000 rs per month , sir this is very very less as iam paying only rent 4000 rs per month in bangalore as iam doing MBA from there, and the other provision to file under hindu marriage act (HAMA) but i came to know that to file maintainance case under this i have to purchase stamps of 12.5% of the maintainance or claim which i will impose on my husband income,as my financial condition is not good i can not buy stamp papers of rs 80-90 thousand , sir please suggest me what else is the way so that i can get maintainance upto 25 % of my husband income, my husband is earning 12 lakh per annum so his income is around 70-80thousand per month in hand , and sir taking maintainace of rs3000 only under sec125 is making me upset as he already spoiled my life in young age of 23 years , iam not earning iam MBA student , my 2 lakhs rupee fees is pending in college, my parents already did 22 lakhs rupees marriage there financial condition is bad now
4 Answers from Attorneys
Re: filing maintainance either sec125 or HAMA
You should invoke the provisions of DVA; and claim return of your "istridhan" under sections 406/498-A IPC.
Application under DVA can also be filed in the same court where your divorce case is pending.
As advised earlier, please read the DVA provisions carefully before contacting your lawyer. This Act should meet all the situations you have mentioned.
Re: filing maintainance either sec125 or HAMA
as per section 125 there is no limit for claiming maintainence. another way for you is to file a petition for divorce and file application for maintaince in that petition
Re: filing maintainance either sec125 or HAMA
File a case at Bangalore under the Domestic Violence Act right now. Stop feeling helpless and frustrated, god helps those people who help themselves. You have to be a fighter to overcome the obstacles. Also the best option for you is to lay low and contest the divorce proceedings against him and file application u/s 24 for maintenance at Bangalore. Also, once you get a job and as the last place of residence was Bangalore file a case of restution of conjugal rights u/s 9 of the Hindu Marriage Act at Bangalore with a paragraph that as you cannot pay the court fees for maintenance you cannot file the interim maintenance application.
Re: filing maintainance either sec125 or HAMA
You can claim maintainence under domestic violence act or under HAMA.
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