Legal Question in Family Law in India
stridhan&maintenane
hi. DVA and 498A pending. DVA ongoing, 498A -chrgesheet is not filed yet. I want to tell tht my parents gave me 25lakhs of jewellery, for which i have all the reciepts with me. I have enclosed al the receipts in court in 498A case. but not all the receipts are on my name. some are on my mothers name some on my sisters, but my parents gave me all the jewellery. Plus i have pics of marriage where i can be seen wearing all stuff. But hubby says tht i took it all back before i left the house. Will i be able to get it back? Second, My parents vought furniture from my in laws city. so the name on the recipt of furniture has my hubby's name. Now he claims tht furniture as his? will court give tht furniture back to him? I had got them back to my place in recovery through police, Please clarify. Also tell approx what percentage of salary is decided for the wife and 2 yr old girl child. living away since 2 yrs. I have heard that conviction is not possible in such cases. it tht ture tht we are wastin gour time for justice? its been over 1 yr i filed cases but still interim order has not passed yet. Pls answer all the queries and explain. thanks a lot.
3 Answers from Attorneys
Re: stridhan&maintenane
this is surprising to know that the interim order is not passed as yet. your lawyer must press for the order to be passed early. you may be granted half the salary after deductions for yourself and your daughter. you can prove the jewelry through receipts and even the furniture can presumed to be having brought after marriage in relation to marriage itself. conviction is possible in case the wife is able to prove her case beyond reasonable doubts. which city you belong to and where is ur hubby puttin up
Re: stridhan&maintenane
contact a local lawyer
Re: stridhan&maintenane
The wife is entitled to live a life as per standard of living of the husband at the time of separation. In salary cases, normally the wife should get about one third for herself and the child, if that amount is considered sufficient for their living.
An opinion from this Forum may not be adequate in your case. You may want to engage a counsel to advise you and pursue your remedies appropriately.
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