Legal Question in Family Law in India
Maintainance
I have been married 1 year and 7 months. Had a baby girl in May 208. My husband forcibly sent me to my parents house for the delivery in MArch and is refusing to take me back since the birth of the child since it is a girl. Previously too he had forced me into an abortion. I have filed a suit under HAMA 1956. He is earning approx. 22 lakhs and has no other dependants. I though qualified to teach a language have no permanent job and earn daily wages as and whenever the demand exists. In any case as of present with a baby i am not working. I have asked for 2/3 of his salary. Can you tell me how successful would my case be?
Also I do not wish to give him any visitation rights which he would demand to harass me.... Is there any legal recourse to avoid that?
3 Answers from Attorneys
Re: Maintainance
I have gone through your query. You have not stated what case you have filed under HAMA 1956 weather you have filed divorce or restitution of conjugal right and what happen to that case.
If can file restitution of conjugal right and you also claim maintenance from your husband.
Re: Maintainance
He is entitled to visitation rights.
You are entitled to no more than one third of his salary.
the maintenance is to be determined not merely on salary basis but also on expenses to maintain a "standard of living". you will be entitled to approximately such sum as would have been spent by him on the family.
the amount will also depend upon the place and social/financial status of both the parties.
In my estimation if you get one third salary, you should be satisfied.
The actions of your husband amounts to cruelty and you can initiate proceedings against him under 498-A IPC read with DVA.
Re: Maintainance
Visitation Rights is in the discretion of the court. You can if possible contact me personally with Details and solutions. (Rs100/- per hour consultancy chgs)
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