Legal Question in Family Law in India

i need ur legal advice. as:
1. am living at my parent's home since may 2007, daughter was born in sep 2007. living sepertly coz husband tortured physclly n mentally and then husband sent em to my parents's home against my wishes.
2. hubby earns 1.65 lacs per month. i asked money from him for nourshing child. he said join d job. i joind d joab at 21500 in 2008 now salry is 35000 per month.
3. he never came to take me and child. after waiting for 3 years i filed a complaint in CAW cell.
4. CAW people had done a 'razinaama' in august 2010 between both of us that from now, u both call each other, n live like a good couple" he didnt call me (teelphnclly). i called him 8 tyms. and also booked a ticket for pune (he lives in pune, i m in punjab)... but he said, i'll tell my decision in CAW. last month he came to CAW and gave written statemnt taht he needs divorce and i gave i written sttmnt taht i wants to go back.
5. now CAW people file file a FIR against him(not till today any FIR is filed, as tehy asking for list of dowry from us).
6. if it is possible taht we fiel a restitution of conjugal rights sec9 in court???
7. if sec9 is filed tahn would CAW cell FIR prove null??
u suggest me wat should we do... as husband wants divorce. FIR still not filed. we want to file court case. is it right approach??.. can we claim amintennce, as m also working but having daughter of 3.5 years wid me since her birth.
sorry for disturbing u...
thanks n regards
uttara

Asked on 2/04/11, 3:11 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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even if you earning, your daughter is entitled to maintenance. even there is a big difference between the earnings of you both husband and wife. you may claim maintenance for yourself and your daughter and it is advised that you may file a complaint under domestic violence act and in that seek residence orders and maintenance and compensation orders. regarding RCR, you may mention all the facts in that and also state that despite he inflicted such cruelty, still for the same of daughter you would like to join back. however, the petition needs to be drafted carefully.

Answered on 2/04/11, 3:19 am

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