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Pending 13(1)(ia) hma- available options ?

(Querist) 19 August 2016 This query is : Resolved 
Dear Experts,

Working mother, lived in an abusive marriage for 4years.
Now moved out and living on my own alongwith my minor female child and filed 13(1)(ia)

Steps I need to take immediately?

1) Do I need to separately file for child custody ? under what section/Act ?
2) Can I claim maintenance for my child ? under what sections or Acts?
3) Any interim relief myself/mychild is eligible for ?

Thankyou

RJ

Devajyoti Barman (Expert) 19 August 2016
1. If the child is with you then in no requirement to file custody suit at all.
2.Yes, you can claim maintenance of child under 24 HMA as well case under PWDV Act wherein you can claim damages for the injustice done to you.
3. Yes, under the aforesaid provisions.
Nadeem Qureshi (Expert) 19 August 2016
Dear Querist
My opinion on your queries are as under:

1) Do I need to separately file for child custody ? under what section/Act ?
Opinion: You may file an application u/s 26 of Hindu Marriage Act-1955 for child custody. or you may file a seperate suit for child custody under Guardian & wards act before family court.

2) Can I claim maintenance for my child ? under what sections or Acts?
Opinion: Yes, you can claim maintenance for your minor child under section 125 of Cr.P.C., under section 20 of domestic violence act-2005, Under section 20 of Hindu Adoption and Maintenance Act-1956.

3) Any interim relief myself/mychild is eligible for ?
Opinion: Yes, in all the above petition/cases you may file an interim application.
Feel Free to Call
Shonee Kapoor (Expert) 19 August 2016
Nothing to add. Answered to the point by Ld. Barman.

Regards,

Shonee Kapoor
www.shoneekapoor.com
Rajendra K Goyal (Expert) 19 August 2016
1) NO need.

2) Yes, you can.

3) Can claim maintenance.
R.K Nanda (Expert) 19 August 2016
Agree with experts.
Dr J C Vashista (Expert) 21 August 2016
@ RJ,
1. The experts have advised you adequately, which I agree on the basis of presumptions, combination and permutations, however all of your questions (not queries) are purely academic.
2. What is the opinion and advise of your lawyer.
RJ (Querist) 22 August 2016
Thank you Barman Sir, Nadeem Sir and all other experts for taking time to answer my question(s).

RJ (Querist) 22 August 2016
@ Dr.Vashista Sir,
- Thank you for valuable time and opinion.
My apologies if my questions sounded purely academic.
Lawyer was of the opinion that we cannot file for child maintenance unless we go with 498A, hence my question on this forum seeking expert opinion.
Dr J C Vashista (Expert) 23 August 2016
Child maintenance and complaint u/s 498A IPC are two different legal connotations which are neither inter-dependent nor inter-related.
If your lawyer has suggested in such a manner (as stated by you) it is misconceived and it is advised to change him/her immediately.


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