Legal Question in Family Law in India

Re: maintainance and divorce

Dear Madam,

Why are you acting so helpless. You seem to be an MBA. What stops you from getting a job. Dont be so helpless. You are a well educated women. First of all be independent. Fight for your survival,get some job. Be stable and then you can hire any good criminal lawyer who can assisit the PP in prosecution of the matter. You can also file criminal complaint u/s 125 of Code of Criminal Procedure against your husband for not maintaining you. Appoint a good advocate to defend your divorce matter. File an application for restution of conjugal rights u/s 9 of the Hindu Marriage Act. File for Maintenance pendente lite and expenses of proceedings u/s 24 of the Hindu Marriage Act. Stop thinking about him. Move on with your life.

Re: maintainance and divorce

you can file a case for claimign maintainence in teh family court

Re: maintainance and divorce

You can claim maintainence from your husband and any family law lawyer near your locality can help you.

Re: maintainance and divorce

You can file a case under domestic violence Act and ask for maintenance and also for residence.

Since your husband has already filed for a divorce in Ahemadabad and if you are in Bangalore file for the transfer of the Divorce petition to Bangalore.

Re: maintainance and divorce

Do not worry about the prosecutor; if they do anything wrong, you can always file a "private complaint". Therefore, as far as 498-A is concerned, just wait and watch.

You may consider taking action under DVA -

seeking relief against "economic violence" &

"mental/phyical violence:.

You are entitled to maintenace as per standard of living being maintained/afforded by your husband prior to separation.

You may apply for maintenance before three different forums :

(a) Criminal Court / Trial Magistrate under section 125 Cr. P. C.;

(b) District Judge / Family Court - under HAMA.

(c) Family Court - under DVA.

I suggest you to file a comprehensive petition under DVA claiming all the reliefs you need - maintenance, security, residence etc.

Since you are an educated girl, pursuing MBA, you may read the provisions of DVA carefully and discuss with me if you need any further guidance. You are free to write me e-mail, if required.

No charges.

Re: maintainance and divorce

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you say that your husband has filed divorce petition against you. You can file an application for maintenance in divorce petition. Further you can also file a petition for maintenance under the provisions of CrPC. Also you can file a petition under DVA claiming relief of maintenance and accomodation etc.

In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.