Legal Question in Family Law in India
sir i got married in 2004 due to dowry prob 2006 me me apne papa ke ghar aa gayee. mene koi bhi action isliye nahi liya bcos mere husband mere sath the par ab woh bhi divorce ke liye mujhe pressurise kar rahe hai, maintenance dene ki vajah se abhi tak unhone case file nahi kiya tha fir mene paramarsh kendra me file kiya waha bhi nahi aaye then i file for restitution of conjugal rights us par bhi mujhe dhamki mil rahi hai ki court me jhoote alligation lagayenge agar mutually divorce nahi diya toh,mere husband ka govt job nahi hai i like to know ki maintenance ke liye court me kya proof du kyunki woh court me khud ko jobless batayenge.
3 Answers from Attorneys
a) To claim maintenance, you may your affidavit explaining the "standard of living" enjoyed by you in your husband's home at the time of separation.
b) Maintenance can also be filed without filing for divorce.
c) You are also entitled to several other reliefs other domestic violence laws.
aapke husband jo bhee kaam karte hai aur jaha bhee karte hai, us jagah ke records aap court direction se mangwa sakte hai. husband mutual consent divorce ke liye compel nahi kar sakta.
If you do not want a divorce, your husband cannot compel you. For maintenance from husband, you should be in a position to inform the court his income, his qualification, his place of employment and his position in his office.
I agree with Adv Goel that you are entitled to reliefs under the Protection of Women from Domestic Violence Act.
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