this is continuation
Madhavi
(Querist) 28 April 2009
This query is : Resolved
Hello all respected experts
My case is still pending with Human rights organization .And they gave us decision to stay together in a rented flat but at place selected by .
My husband not ready for this settlement .
And again husband has put a complaint at Stree mukti sanghtana for the family issue .
For this matter the people have called me to discuss .
Now i am under confusion when the case is still pending with Human rights and the decision is already given by them how can my husband go to another sanghtana and ask solution ?is it right .
And am i supposed to visit this sanghtana and discuss the issue ?please suggest
when i asked the human rights organization they said as per my permission they can apply for 498 and ask for maintainence .
But becoz of fear i would go for Judicial separation saying my husbands behaviour is not proper and so i am requesting to the law for separation and also will ask for the half of the salary from husband (for me and baby) even though i am working in good organization .will this be rightful or can someone pls suggest .Actually speaking i am afraid of putting him behind
bars as this will if in future will create a mess for me or my baby .
adv. rajeev ( rajoo )
(Expert) 28 April 2009
No bodies permission is required to file a case us 498. Human rights orgination is not a court.
U can file criminal miscelleneous case against ur husband seeking maintenance for u and ur baby, but when u r working and getting salary u cannot claim the maintenance from ur husband.
My suggestion is that simply u get a divorce from ur husband, u have capacity of self living so think of ur babay's future, take right decision.
Y V Vishweshwar Rao
(Expert) 29 April 2009
Mr Vadrali suggestions are correct !
if your salary/ means of earning are not sufficient to support you , you can apply for balance required maintenance
(See ;- Ravindra A Patil v/s Kavita R Patil Sec 125 Cr P C Bombay -Nagapur -dt;- 810-2008 )
Uma parameswaran
(Expert) 30 April 2009
Giving a right suggestion is very hard by hearing one side. I think Human Right organisation's help is very suitable for you at this time. Take a stern decision with the help of your parents and also include In laws. Look safety of your child also. Wish you all the best .God will help you.
SANJAY DIXIT
(Expert) 27 May 2009
You may file a case for maintenance for your baby and if your income is not sufficient to provide you the status of your martial life, you may also claim maintenance for yourself.
You have yourself to decide whether you should move for seperation or not.
