Maintenance

Querist : Anonymous (Querist) 21 October 2010 This query is : Resolved
My sister suffered DV in her in laws and we brought her back from her matrimonial home in April,2010. We did not take any immediate legal action with an expectation of future improvements through discussion and counsellings. Now even if we are inviting them over phone to come and resolve the matter, they are denying.Can we lodge legal procedure for her Maintenance now? Will the time-gap of this 6-7 months will have any negative impact on the case? She is having a minor baby also.

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adv. rajeev ( rajoo ) (Expert) 21 October 2010
Now also your sister can file under sec 125 of cr.p.c clamming maintenance. Your sister has got choice to file case u/s DV act also.

Khaleel Ahmed (Expert) 21 October 2010
Your sister can file maintenance case U/s 125 Cr pc before family court. There is no limitation. The domestic harassment is another question . She can file a complaint with your nearest police station in this regard.

Kirti Kar Tripathi (Expert) 21 October 2010
I agree with Khalil

aman kumar (Expert) 21 October 2010
EXPERT K AHMAD IS RIGHT

Devajyoti Barman (Expert) 21 October 2010
Yes, right.

pawan sharma (Expert) 21 October 2010
I concur with Mr.Ahmed.

Arun Kumar Bhagat (Expert) 21 October 2010
You can file maintenance u/s 125 Cr.P.Code. You can initiate proceedings u/s 12 of Protection of Women from Domestic Violence Act. You can register an FIR/Private Complaint case for 498A & 406 IPC. Legislature is very liberal in the case of women. All domestic laws are meant for women only which sometime become the tool of oppression and vengeance.