Legal Question in Family Law in India

have been married for the last 1and half years. I have faced both mental and physical harrassment from my m-i-l and my husband. I 've a girl child of 10 months. I wanted only a separation from him no divorce. I wanted to get monthly compensation from him. I am not employed. Supposing he denies to give that what can be done? he doesn't have any motive of living separately. I do not want to go thro domestic violence Act. What is the other alternative to get separation as well as compensation from him without any hitch.

Is out of court settlement possible. How to go about it? Can just a notice thro an advocate will work?


Asked on 2/28/11, 4:49 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

A) You may send a registered post letter asking for maintenance and separation; all the instances of mental and physical harrassment suffered by you from him and his mom should be mentioned in detail;

B) If you do not wish to pursue DVA remedy, you may consider lodging a police case u/s 498-A IPC.

C) You are entitled to maintenance for you and your child based upon his standard of living at the time of separation.

D) If your letter does not yield appropriate response, you may seek maintenance and separation (without asking for divorce, as you do not wish to seek divorce at this stage) under relevant provisions of H.M.A. and/or H.A.M.A.

Wish you good luck.

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Answered on 2/28/11, 5:03 am


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