Section 125 crpc maintenance
Guest
(Querist) 12 November 2010
This query is : Resolved
From last 2 months i have been living with my parents as my mother in law asked me to leave my matrimonial house. Its just 4-5 months of our marriage, actually my motherinlaw is very domination & interfaring, she controls my husband completely and wanted to control me,she made my life hell,harassed me emotionally and mentally.After all this i discussed the whole matter with my husband and begged to shift to a rented accomodation,but he didn't agree instead my motherinlaw got angry and she brainwashed my husband and convinced him to leave me.so i had to leave my matrimonial house and had to comeback. After that i tried a reconciliation process but my mother in law and my husbnad breached that, they didn't take me back.And my motherinlaw is telling all the relatives that i used to threaten them that i will committ suicide etc and i left the home with my own wish, which is totally false.As i used to send several sms,and made calls to my husband that please help me,please make everything good & positive and take me back,but he didn't give any responce, he never ever called me and didn't try to call me back to their house, So now i have filed section 125 crpc case for maintenance. I want to live with my husband and ready to go back, but i can't live with my motherinlaw at their house,i don't trust her intensions as she had filed a complaint against me at police station that if anything happens to me she won't take anykind of responsibilty. so iam scared and don't wish to stay with her in the same house. So please guide me . Can my husbnad say this that he is not ready to give me maintenance as he is ready to take me back but i have to stay with his mother only in that same house???? in such situation what can i do. i want to live with my husband but surely not with my mother in law and not that same house.Altough my husband is not ready to live with me and he is not ready to leave his house.I have no demands of property etc. In such a situation what does court suggest ???or what is the action of court ????? please help me & guide me.
ashish lal
(Expert) 12 November 2010
file a petition under The Protection Of Women From Domestic Violence Act, 2005
Guest
(Querist) 12 November 2010
Is it something other than section 125 crpc ???? please explain and tell me something about protection of woman from domestic violence act ,2005. And how can it solve my problem ??? please explain me a bit. please. thankyou for your kind reply.
Guest
(Querist) 12 November 2010
And i have already filed a case of SEction 125 crpc, so can i file another case protection of woman from domestic violence act,2005 in the same court at same time ????
Arun Kumar Bhagat
(Expert) 14 November 2010
I advise you to buy a book bare act of Domestic Violence Act which you will get around Rs.40/--50/-. Go through it, you shall get basic idea about the relief. You can file case under DV Act even after filing 125 maintenace.
M/s. Y-not legal services
(Expert) 07 December 2010
Its not a civil case, for face it before court of law.. Its your life.. If you filed any case under the domestic violence act mean, you may loose your chance live together with your husband. Because your maternal house people may get angry on you by your case proceeings.
M/s. Y-not legal services
(Expert) 07 December 2010
So your maintenance case enough to this situation.. With this proceedings you may try to convince your husband through your counsel for your separate accomodation..
Guest
(Querist) 07 December 2010
Thankyou so much Tom sir. thank alot, i will continue with Maintenance case and your advice is valuable.
