Compensation during divorce proceedings

As per my knowledge you can ask for maintainance from your husband. Regarding property you can't force him as he don't have anything in his name. You cannot claim for property belong to your husband's father.

 

As per me before going for divorce think again & again and if problem between you & your husband can be solved then go for it. Think about your son. Think about your son's life. Be cool & calm then take some decision.

 

sorry if any of my statment hurts you.
 

as per law if pendency of case before family court, if wife apply to maintanance for our daily life, if wife working could not claim to husband, same time wife can claim minor son, if you expecting compensation from your husband (which he have) only can claim

Hi Mr.Sheik,
So,u mean to say he cannot repay any of my jewels which he used for his business???

he is working now in some place with about 20,000 salary.so will be argue that i dont have any assets to pay me??

it is called maintenance not compensation.

pl check it

https://www.lawyersclubindia.com/blog/show_post.asp?blog_posts_id=488

CrPC 128.Enforcement of order of maintenance.

·         CrPC 127.Alteration in allowance.

·         CrPC 126.Procedure

·         CrPC 125.Order for maintenance of wives, children and parents

@ Author What I read down from your briefs is that you want financial security for your son and to some extent expect financial security for yourself (though working) and also have apprehension of fate of your stridhan and in regards to some legal advise you received earlier you want a divorce also from him? If these are right way to put your briefs then you have to take following steps; 1. If you really have made up your mind to divorce him then state the allegations truthfully in your plaint which you can proove later and based on which either via contested and or via mutual consent way a decree in proceedings you may get one day or the other within the ambit of Family Court Act read with Hindu Marriage Act (considering both of you are Hindus). 2. While you are seeking remedy for decree in divorce proceedings you may apply for S. 24 HMA maintenance for self and your child from him read with litigation expenses to run the divorce suit. 3. Another application you need to file in Family Court is for return of your stridhan (properties / valuables / gifts given to you) by making a clear list of stridhan which were self acquired anytime after marriage and or given to you before and at the time of marriage and this is your exclusive property. Now if you say you gave it to him for running over family's financial ststus those days when things were all good between you two and now since things are not so good you want them to be returned then also this suggestion is (unfortunately) valid provided you can prove them at Bar before the Bench. 4. Though, S. 125 CrPC is another option for seeking interim maintenance along with litigation cost for yourself and for your son but when you are planning to seek civil remedies by way of divorce then why attract additionally a quasi criminal - quasi civil remedy for but same cause of action when under Hindu Marriage Act (HMA) you already have a provision under S. 24 HMA for maintenance pendentelite proceedings as well as litigation expenses for yourself and your son is my view! 5. However I shall not say much on the outcome of your possible civil case but later on just about time the decree in divorce proceedings are being made you also have option to file S. 25 HMA Application for Alimony that is one time maintenance for yourself and your son. 6. Further under HMA the Act you also have remedy available to seek custody / guardianship / visitation of your son by using S. 26 HMA so under one gender neutral Act you have various remedies available and one should use them if matrimonial relations are not cordial and one need not have to use criminal nature of complains by forum hunting if one is sensible enough. 7. Also Family Court Act is quite a fast track Court based special Act and has added beauty of making its own Rules in proceedings where in using S. 21 HMA R/w S. 10 FCA you can request concerned Court to speed up the proceedings especially one for maintenance pendentelite and second for main suit if so desired. Lastly to establish the stridhan belongs to you and or if they are in possession of your husband and or in laws and you have special knowledge that they have been disposed off without your consent and or knowledge your probable hired ld. Advocate would be better person to guide you how to get the same either as in original in safe condition and or as alternate in kind or cash or replaced to your satisfaction. Be clear now that you are with your son and life ahead and have a introspection of things called long Life ahead then what you have plans to do then act as once Court cases starts between spouse the matrimonial life almost comes to an end and for couples with kids out of wedlock it becomes very very difficult to turn the clock backwards are my societal observations. This comment is in relation to your second post and I found them bit shaky post briefs which is not your fault but these are better handled as In-Chamber consultation with a Family Court proficient ld. Advocate whom you can find from LCI databse as per your Jurisdiction location. Howevr having said above take a deep breadth and then act accordingly and for the same all the best afterall it is your cause title (means your concerns).

VERY BALANCED REPLY BY TAJ SIR