gayathri (No Work) 13 September 2013

Maintenance to wife and kid

Dear Experts, I am going through some difficulties in my personal life. I got married in 2011 and relocated to a different city where I was staying with my husband.I was missing my parents. My husband and in laws were good. But my husband gets very angry often and scolds me, he is stubborn, he shouts, he calls me liar for small lies and he didnt not show any respect to my parents. I got pregnant. I came to my parent's house. I said to my husband that I wont go back and asked to him to relocate to my parent's city as I need support. My husband didn't agree. I went to police and filed a police complaint against husband and in laws that they are all doing mental torture on me and asking for money.I thought that the police complain will put pressure on my husband. I thought that the child will solve our problem. Even, my parents said that the child will solve all the problem. My husband got very angry and asked me to give in writing that I have given false police complaint.My father and other relatives tried to talk to my husband and solve the problem.But my husband refused to talk. All my in laws refused to talk. I got scared as my husband is capable of going to police and complaining against me if I give in wiriting that I made false complaint. My husband filed for divorce. I filed for 498A against husband and his whole family. My husband and in laws didnt come for compromise.My husband went to jail for 15 days. My husband is earning lot of money. He didn't see me or the child.He is not ready to take any responsibility.He didnt pay my father any money for the child birth expense. He didn't pay any money to my child. I have filed for maintenance for my child and myself under section 125.Court had ordered to pay money. My husband is not paying any money. He says he will not pay maintenance to me and he is asking for the custody of the child and he is ready to maintain the child by himself, so no money for the child too. He is having no property. I am not able to claim anything from property. My lawyer asked me to go for execution and my husband will be sent to jail. I think my husband will go to jail and will not pay money. I have realized that I had a bad marriage with a bad man.But, I want to bring up my child by myself in my way. I will not give the child. How do I get money out of my husband as you know expenses are so high now. I need lot of money to bring up the child. please advise.

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3 Replies

Tajobsindia (Senior Partner ) 13 September 2013

1. Your advocate is right as to his legal advice given to you. Go for Execution petition.
Observation:
Using criminal Laws neither make homes nor gives natural father to a fatherless child. Your thought lines are all temporary relief based and not meant to be long term resolution goal based. Tweak them and set a closure on such vexatious litigations tactics.
Reasoning:
Several contradictions in your own brief here which a smart Lawyer can thrash if given an opportunity.

stanley (Freedom) 13 September 2013

All you have done is filed a false case of 498 A and ruined your marriage . As a matter of fact if you required support you could have easily called one of your parents to support you when you gave birth and could have continued residing with your husband and the child .

Now who is gaining from this litigation of filing false cases is your lawyer and the end result is your are getting nothing in return for filing false cases . Your lawyer very well knows inspite of your husband not having any property how to recover the maintenance amount awarded which he can very well recover every month or execute even if your husband goes to jail for not paying .

T. Kalaiselvan, Advocate (Advocate) 13 September 2013

Ms. Gayathri,

Please do not worry about the past, think about the future of yourself and your kid now;, if maintenance u/s 125 Cr.P.C was ordered by court and your husband has not paid the money, you can file a petition u/s 128 of Cr.P.C for enforcement of the order, you can even seek for a distress warrant and execute the same through District Collector (Revenue Department)for recovering the amount, there are provisions in law, but it is better that you always look for an alternate source of income namely through an employment because your adament husband may go to any extreme level to torture you further; - Advocate Kalaiselvan, Vellore, Ph: +919443441062