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swagath (md)     12 April 2012

Hindu marriage act maintenance

Judge has ordered for maintenance u/s 26 in HMA 24 application where wife is working and proved in court and also proved that she presented with unclean hands but judge not considered and ordered 1000/- and 5000/- litigation expenses husband not having means kindly advise if possible any citations or judgments to file appeal


 8 Replies

swagath (md)     12 April 2012

and  1000 rs for a kid of 1yr 8 montrhs monthly

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

The amount is not much. Father has the duty to maintain the child.





Shonee Kapoor

2 Like

swagath (md)     15 April 2012

It is not the amount which is a matter here. the father is also deprived of the love of the kid, till date the father has not able to see the face of the kid and doesnot know the name also, to such an extent they are keeping away and y the father has to pay the wife for that, when she is working and she is able to, if she has not able to maintain the kid let her give it the father shall maintain

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012

Father can apply for visitation under existing laws.





Shonee Kapoor

2 Like

helpingwindisputedcases (chairman)     27 April 2012

im sure litigation can win back the custody of the child and also a settlement after that probably which is more in the favour of the child needing a father sure it will work out ,custody usually goes to the one who is the resposible adult so fight it .may the righteous one win,however if u want to furnish bank statements thru backdoor means and know bank account nimber then contact us and wel get u original in 5 days

helpingwindisputedcaseswhenthelawcannot attherate hotmaildotcom


mr shonee will have maximum knowledge in this field .he is ur guy.

Sunita Jazy (Giving Happiness)     07 May 2012


Dear Lawyers,


I was married in end Dec 2010, Got separated in March 2011.In Jan 2011 i came to know i was pregnant they asked me to abort the child, family astrologer told them it was a girl in the limb. They pregnancy was before the marriage but I never know till Jan when the test were done.

They somehow game planned send me fathers place. we tried all ways to get things better but nothing worked out. 


I filled case in did NC in end July police was not taking the FIR till 10 Aug 2011 than i contacted an NGO they helped me after all their investigation done on 19th Aug the fir 498a was written. They were arrested and then realized on bail & Granter. I delivered a boy in Aug end as c-section. Too much expense has been done by my family, now i can’t leave my child who is just 8 months. 


They have never come to see me or ask for the child. i also don’t want to go back. they are animals fought with me when i was preg no to take stress, they would never take care of me even when i would be sick, would not gave me food put chilles, husband would drink, never give my any expense in those 3 months, instate take money from me, he took loan of 50,000 in cheque which he never utters a word to give back. He also took cash loan of Rs1,25,000 for business & my maintenance  from my father which i was unaware till i came back home. his father would use abusive language whenever my family would try to solve the issue even when i stayed with them. my husband also raised had on me he also doughted on me when i was pregnant. Mother- in m law never supported me to stop him from anything wrong. the elder mother-in-law also raise droughts saying the child was nt my husband the sister-in-law would show attitude. my husband would take money kind or every 2 days saying need of business. i gave all i had Love, Care, Respect, Money. i have lost everything till i was there also now i m still lost.

I was forced to work when i was preg as my husband never gave any medical expense. he used to gamble.


He had a garment shop, first where he used to pay 25000 as rent & earn 25000 and more sometimes. then he shifted to a small shop he was earning quite good similar 45000/- but he stared ignoring to go to shop. then he started showing he was in losses & later he also asked me to abort the child, which i denied in his shop. he raised hand on me & paused me out of his shop. Ignoring i was preg.

My family gave a lot. But hardly anything was recovered, all my Stridhan this is what they say is all with them which they have hidden or sold. Don’t know.


Now i can’t work leaving the child. i can’t always ask my parents to take my expenses all the money spend on me is which i have taken a loan from relatives & friends & old boss.

 there also was an article in MIDDAY on 9th Sep 2011

They live in posh society, also do I.

Pleaseeeeeeeeeee suggest what steps do i take

Whats the procedure?

How to get my stridhan back?

Also want to secure my Childs future.

I don’t want to divorce him but he wants to

Also I want maintenance for me and the child.

I want my & my father’s money & articles back
I want to live alone with my child as I cant be a burden on my family also I cant even work at this point of time, the child is just 8 months. But I m broke.

I cant go back n spole my childs life with gorse People They are nt humans.

What do I do?


Thanks for ur support. & suggestion.

Sunita Jazy (Giving Happiness)     07 May 2012

Also how Do prove hows much is he earning as he has now stud down the shop

He earns good as he frelances selling clothes home to home to bar girls.

I want custody of my child.

Anjuru Chandra Sekhar (Advocate )     07 May 2012

You can file for maintenance under Sec.125 Cr.PC., under Section 20 of DV Act.   The better way is to file claim under Cr.PC first and then under DV Act, because the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.  You can also claim compensation and damages under DV Act for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by your husband and family members, apart from maintenace.

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