maintenance

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
my brother in law has desserted my elder sister and my brother in law has re married another women(in my society biagamy prevails).
--what should we do now ..file a case for maintenance under 125 CrPC
---or file under domestic violence act but we have no proof that she was injured physically
---what is the latest rate of payment for maintenance...my brother in law earns fifteen thousand a month.

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M/s. Y-not legal services (Expert) 20 May 2011
Yes you can file a maintenance case. Not only physical injuries mental harassments also liable to lodge a domestic violence case.. Then maintenance amount will be decided by the circumstances of your case. I.e: your sisters food, accommodation, childrens studies, (if any), and medical expenses if any etc.. Not any fixed rate from the husband's income.

Guest (Expert) 20 May 2011
yes you can file a case under Domestic violence act and it does not require any physical injury and you will also receive the maintenance amount from this case and no amount per month is fixed it depends upon the income of the husband

A V Vishal (Expert) 20 May 2011
Even if Bigamy is prevalent in your society/customs/usage, it is a criminal act and attracts s.494 of the Indian Penal Code, you can lodge a complaint against the husband and also seek relief under D V Act, an experienced lawyer can help you so contact one locally.

Bhawani Mahapatra (Expert) 20 May 2011
I am agree with all the experts. One thing I would like to add, that is you should first ensure that you have sufficient proof of his second marriage. The you can file a case U/s-125Cr.P.C for maintainance. The quantum of maintainance depands upon the income of the husband beside other parameters. So collect proof of his income also.

Advocate Bhartesh goyal (Expert) 20 May 2011
I agree with experts.

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