Legal Question in Family Law in India
pls answer
I am a muslim girl and have a 2 yr old daughter. i am living seperately from my husband for past about 2 yrs. Have filed DVA and 498A. DVA is due for interim and arguement. Husband says he has divorced the wife in her absence whereby wife declines to such divorce and demands her right to maintenance and seperate living/shared living. Wife is living with her parents for past 2 yrs, where husband has not paid any expense toward child or wife. Now, i want to live away from my parents due to some conflicts as they want me live as per their wishes and call my daughter 'filthy blood' etc which i am not able to bear. I am currently not working as such but has a little income which is insufficient for me to live at another place with my daughte. i need financial assistance and a place to live decently. so that i can take care of my daughter, hire a baby sitter so that i can go out for work and earn. I am not supported neither by family nor husband but still i am not willing to give away my daughter to him. Please tell me if i have rights to get accomodation and expenses for myself and daughter from husband and suffiecient amt to live decently considering triple talaq given by husb. in wife's absence, will that affect my right to live&mtc
3 Answers from Attorneys
Re: pls answer
Yes you can get the same.
Re: pls answer
The triple talaq pronouncement in your absence, being an invalid divorce, is not likely to affect your rights for maintenance. But, for argument sake, even if divorce is accepted as valid, the child's maintenance right is not affected at all in any situation.
What happened to 498A ? Has the police investigated and filed challan in court? Even 498A is not washed even by divorce. You should pursue your remedies vigorously.
The child being too small to be neglected, you may wait for starting to work till at least you start getting maintenance from your husband.
You may be entitled to maintenance for both of you ALSO under section 125 Cr. P. C. It may be in your own interest to accept the divorce because in this situation it may not be very healthy for you to accept that person as your husband and live with him in a relationship. The loveless marriage without respect may cause more harm than provide any benefit.
Re: pls answer
The triple talaq pronouncement in your absence, being an invalid divorce, is not likely to affect your rights for maintenance. But, for argument sake, even if divorce is accepted as valid, the child's maintenance right is not affected at all in any situation.
What happened to 498A ? Has the police investigated and filed challan in court? Even 498A is not washed even by divorce. You should pursue your remedies vigorously.
The child being too small to be neglected, you may wait for starting to work till at least you start getting maintenance from your husband.
You may be entitled to maintenance for both of you ALSO under section 125 Cr. P. C. It may be in your own interest to accept the divorce because in this situation it may not be very healthy for you to accept that person as your husband and live with him in a relationship. The loveless marriage without respect may cause more harm than provide any benefit.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
