Legal Question in Family Law in India
Sir,
How can I claim max maintenance from my husband who had filed divorce case (june 2009) in a non-jurisdiction court. I hav claimed for 20,000 in MC filed at my present staying place but his salary is 70,000. Should i close present MC petition (Nov 2009) and file another one or update the present one to increase the amt and he does not want to give lumpsum to me. Infact, he is demanding dowry from me for reunion by holding a concubine. I know her name, address and she is a widow with 2 elder children. For the past 2.5 years, he is not at all caring me and my daughter of 5 years simply escaping by changing houses. We have filed 498A on my husband, mot-in-law, bro-in-law and sister-in-law. My husband was arrested and my parents gav bail to him. The other 3 did not come to court at all til now. Now, my husband constantly forcing me 2 close 498A case (oct 2009)in order to rejoin, but i am sure he would not take me back without money. On finding his latest house and getting in, he simply regetted us and strongly I vil continue with concubine till u get dowry for my loan clearance.
Sir, my doubt is if i close 498A and my husband does not take me to my matrimonial home, then what should i do immediatly?
In what way should i say/reveal to the judge so that he agrees to give more amount.
Sir, I am 100% sure of concubine, but how should i say the same to judge without any witness or proof. The police in his residing place verified this fact and confirmed the same, but I did not file any complaint, just told them orally.
He is also escaping from getting MC summon to his office place. What should I do sir. How can I serve the summon personally through lawyers(non-juridisction/staying place) plz explain me.
2 Answers from Attorneys
i believe that 498 A is not the solution for the women who want to reunite with her husband. if you have filed that then only you have to blame yourself and the person who adviced you about this.
anyway when u are thinking and seeking advice to reunite then it means that the guy is not that bad except that other relationship, so 498 A was a wrong step in my opinion. I can not advice for wrong steps however for the sake of the child i am advicing you.
hire a detective and get proofs of all his income sources and his property. get proofs of his relationship and then show it in the court. you will get good maintenance.
for overall advice i will suggest you to engage an advocate in your area.
In my opinion you should not close your 498-A case because that may be best weapon for you to deal with the given situation; However, you should forget about re-union in the wake of his extra-marital relationship. there is hardly any possibility of your life with him; you should focus on amicable out of court settlement with a dignified amount of alimony/maintenance for yourself and your daughter.
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