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aruntrivedi (lawyer)     08 September 2009

family law

One my client is deserted after marriage and one child by her husband since last 7 months and not maintaining her with child. She is staying with her parents with child. Her husband is having relations with some other girl and not at all now keeping any relations with her. What is remedy? Should she file Cr. P.C. 125 for maintenance and also issue notice for restitution of conjugal rights?



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 3 Replies

R.R. KRISHNAA (Legal Manager)     08 September 2009

Yes she should file case for maintenance and restitution of conjugal rights.

2 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     08 September 2009

She has to go back or file a case under domestic violence to live with her husband. Else file a case of cruelty.

2 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     09 September 2009

trivediji,

yr client  is staying with her parents due to not careing  by the husband,and not maintaining her with child due to lake of money.

A sufficient cause for filing 125 cr.p.c. case for mainteanance.

second Her husband is having relations with some other girl is sufficiant cause for mental harrasment file 498A i.p.c. against husband.

However domestic violence case will not applicable because u said dt since last 7 months yr client is living with her father and domestic voilence is applicable instently.

1 Like

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