Legal Question in Family Law in India
maintainence & Alimony case
How to win maintainence case in court against husband..?
Is maintainence being paid aftr divorce or in bw legal seperation during legal proceedings..?I hv bn living with my parents frm 7 feb'08 to till date & they didnt ask for me in this period..! Husband is 100% muma's boy..? interference of mother & sister is above limit in our maritial life..!i dnt hv any kid..?how much I will gt maintainence..!they hv allegd tht I hv brought all the gold frm there house given by thm,bt actually i was going to office that day,i fell dwn due to weaknes,I hv bn brought to hospital that day.frm hosp,wn my hubby refused to tk me back,my mom came & tk me to her home...So hw can i wear the gold set in daily-routine.!i was nt in intention to go to my parents house.
wat to do..?shud i gv divorce to him..or shud i gt maintainece out of his salary of 25000/- pm...?
Kindly help me hw to overcm frm this situation..as i dnt any gold with me at my mom's house as my saasu-ma hs tkn all the gold frm me on 2nd day,She has kept all in her bank locker..?
5 Answers from Attorneys
Re: maintainence & Alimony case
(a) The maintenance should be paid regularly during pendency of proceedings;
(b) You may seek registeration of a criminal case against your husband and other guilty relatives u/ss 406/498-A of IPC.
(c) You may claim maintenance from his salary.
(d) You may seek return of your gold and all other ornaments as also other 'stridhan'.
(e) You may also file a case under the Domestic Violence Act and seek adequate compensation towards your living separate from your husband.
Re: maintainence & Alimony case
First of all file case u/s 498-A and 406. Then file a case of DVA and you will get place in your husband house wihout any fear through court. You will also get maintenance of about 5-10,000 per month approximately. but for that we need your full detail like your education, present job etc.
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Advocate, Chandigarh
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Re: maintainence & Alimony case
contact a local sr lawyer personally
Re: maintainence & Alimony case
in this situation, you can file a petition for claiming maintenance and maintenance is also awarded during the pendency of the petition. that is called interim maintenance. you will get maintenance according to the salary of your husband. rest is all a matter of trial.
Re: maintainence & Alimony case
You will need to initiate court action immediately to claim maintenance from your husband. You're entitled to this. Consult a lawyer asap.