Can we go 4 DV and maintenance?

Niraj Aalia (Querist) 18 June 2011 This query is : Resolved
Hi,My sis got married in Nov 2010 and within 2 months her in laws started torchering her.She came back to home in feb and we have filed 498a against them.Currently we r fighting for shreedhan.

Can we go for DV or Maintenance or for Both?she is earning less than 3000 and her husband more than 50000. We don't know the exact figure though.

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M.Sheik Mohammed Ali (Expert) 18 June 2011
if your sister is not working then you can ask maintenance, the husband and in law knowns that your sister is working, same time you can ask shreedhan

Niraj Aalia (Querist) 18 June 2011
Thanks. But our shreedhan is in police custody now. But they are opposing for 2-3 ornaments and our case is running yet since last 2 months.What to do in this case?.

If we try for maintenance r there any chances to get any amount?

Guest (Expert) 18 June 2011
you can claim the maintenance and you have to prove the income of the husband and you can take your articles from the police station on superdari.

prabhakar singh (Expert) 18 June 2011
Q."Can we go for DV or Maintenance or for Both?"
Answer:Yes !
you can go for both.

Q"But our shreedhan is in police custody now"??
you can claim custody subject to order of court.
Even if your sister is working,she can show that 3k is not sufficient even for essentials of life.In order to prove income of husband his salary sheet can be summoned from employer or even husband bank a/c in which he receives salary can be sufficient proof. IN case he is not employee and carry on business the records of income tax can be summoned to prove income,and if he does not file return then oral evidence will be the final course to prove his income.

Jitendar Kumar gupta (Expert) 19 June 2011
yes your sister can file cases under DV act as well as U/S 125 cr.p.c.
J.K.Gupta Adv.
New Delhi
9868529732

Santosh Goswami,Advocate (Expert) 19 June 2011
You may file two different cases under D.V.ACt and sec 125. But you can get maintenance in D.V.ACt itself.
919555462995

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