Help me out
Querist :
Anonymous
(Querist) 03 January 2012
This query is : Resolved
One of my relative (female) had been continue sly harrased by their inlaws and husband.She has one baby of two year.At last she decided to leave their inlaws house and start to live with their parents from last 1 year.
Query:
Somebody tell her that if she will not go their inlaws house from last 1 year, her husband can give him divorce. is this right or not?
Query:
can she claim maintance charge for herself and her baby without giving divorce? if yes then how much? because her husband is doing job and getting approx. 30-35 thousand in a month?
query:
approx. 6 month back her inlaws and husband beaten her very badly. then the panchayat were held up. Then her inlaws accept thier fault of beating and writtenly accept on a simple paper in front of Panchayat(with signature of approx. 20 people) that they had done this crime but in future they will not do this stuff. Now what the leagal action can be taken against them.
V R SHROFF
(Expert) 03 January 2012
Query:
Ans1] YES, her husband can FILE PETITION FOR give her divorce. Right
Ans2]YES She can claim maintance charge for herself and her baby without giving divorce. YES. amountdepends on her need and capacity of husband to pay. Rs. 10-15 thousand PER a month?
Ans3]query: they will not do this stuff. Now what the leagal action can be taken against them : YES D V ACT. +125
sharad raghav - 9990549475
(Expert) 03 January 2012
1.husband need to prove a period of 2 yrs,to make desertion as aground for divorce.
2.mr.saroff is right.
3.they can b penalised for their ill act....under DV Act.....or even under criminal law.
Raj Kumar Makkad
(Expert) 03 January 2012
1. This is wrong. One-sided divorce cannot be provided without impleading wife in this matter and otherwise also the whole case is against husband hence no question arises to grant a decree of divorce in hsi favour.
2. She is fully entitled to claim maintenance against herself and her baby at par with the enjoyment of facilities by her husband.
3. She can not only file criminal case under section 498A IPC but also Dv case against her husband all other responsible persons for beating and teasing her as per law of land.
Devajyoti Barman
(Expert) 04 January 2012
1. No he can not till a suit is filed and prove.
2. Maintenance can be claimed priot to filing of divorce suit, during the pendency of the divorce suit or after the disposal of divorce till the lady remarries.
3. She can file case u/s 498A ipc, 12 of PWDV ACt etc.
Querist :
Anonymous
(Querist) 04 January 2012
Dear all,
Regarding first queries is concerned
As i told you my relative is not going to their inlaws from last one year. is there any law that what explain that how much speration time needed for claims divorce.
Regarding IInd queries is concerned
My relative inlawas are 5 member in their family.
Her husband, Her husband Brother, Wife of her husband brother,Mother and father.
is it possible that when my relative claim for maintance, her husband will say that i am bearing the burden of my family as well.
Regarding IIIrd queries is concerned
Describe me 12 of PWDV ACt.
regards
Rajeev
Deepak Nair
(Expert) 04 January 2012
For mutual consent divorce, you have to show 1 year seperation. In this case, divorce can be granted if your relative is willing to give her consent for divorce. Otherwise, no divorce can be granted to teh husband on this ground.
Your husband legally can claim that his parents are dependent on him. But, his brother and the wife of his brother are not entitled for any claim to his income.
You and your child are legally entitled for a specific amount per month as maintenance which the court will definitely grant.
Querist :
Anonymous
(Querist) 04 January 2012
Dear deepak Nair,
Mr relative do not want to give her husband divorce. She just want to take Maintance charge(for herself and her baby) from her husband without giving him divorce.
In law language What term is used (Maintance charge without divorce)
Deepak Nair
(Expert) 04 January 2012
Thw way out for your relative is to file criminal complaints under Domestic Violence Act and also for maintenance under Sec.125 of Code of Criminal Procedure.
Sec.125 of Cr.PC - to provide Maintenance to wife, children and parents.
Sec.12 of DV Act - Any person who is harrassed by in-laws can file a complaint to the magistrate and can seek compensation or damages for injureis etc.
prabhakar singh
(Expert) 04 January 2012
A wife although obliged to live along with husband but has right to withdraw his company for his and other in laws bad treatment.
she has right to maintenance which she can claim u/s 125 Cr.P.C. ,she can file D v Act case to get protected from husband and in laws violence and can also claim a house shelter for her.
Shonee Kapoor
(Expert) 05 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 05 January 2012
Thanks all of you.
regards
