Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Bhavna (Software Proffessional)     11 February 2009

Judicial Seperation & Maintainance

 

Hello Sir/ Madam,

This is inform you that my marriage is broken, reason being the extreme mental and physical torcher I had been through,

That guy and his family are so greedy, so cruel, they used to abuse me and beat me like hell, my husband tried to kill me one day.

Finally my Father came to take me out of that hell. We tried a lot from our side to save the relationship but that fellow wants either Octavia car or divorce.

There was no option left for us rather than legal actions, this matter has gone to court.

My Husband was arrested and he was there at Jail for 4 day, then he managed to get the bail.

his passport is also under possession of Raipur Court. He is charged Under Law Section 498A, 506, 34, 406, 3, 4.

That Guy in fact never wanted me to be with him, in spite of trying to patch up using conjugal rights etc, he has applied for judicial separation. In fact after so much of bad experiences with him even I don't want to stay with him. I am working in Mumbai, marriage held at Raipur so case is going at Raipur only, my husband is working at Hyderabad he has filled a case against me for judicial separation at Hyderabad itself. I am tried to traveling here and there. 

Though I am working and earning, can I claim for maintenance?

 I want to know that if the matter is in court is it advisable to go to "Mahila Aayog", If Yes how can i approach them?


I need some legal advice from you people regarding my case.

Thanks.



Learning

 4 Replies

PALNITKAR V.V. (Lawyer)     11 February 2009

Merely because you are earning, that itself does not debar you from claiming maintenance under Hindu Law or even in CrPC. In Hindu Law, you are entitled to live with the standard in which your husband is living. Hence, if your income does not allow to live with that standard i.e. your income is low to maintain that standard and the income of husband is more then you can claim maintenance so as to bring your standard of living at par with husband. But you can not claim maintenance u/s125 if your income is sufficient for your maintenance. About approaching Mahila Ayog, there is no harm in approaching it.

Sushil Kumar Bhatia (Advocate)     11 February 2009

In This worst situation first of all what do you want If you want to stay with him then other actions can be taken otherwise you should file divorce petition where you both last time resided ,compulsion for divorce is two years seperation from your husband or husband and wife can take mutual divorce after expiry of one year of marriage

kalyan (pleader)     12 February 2009

Dear sir


husband and wife are living separately for the past 20 months ,as the wife was found in an adultrous state,since then she is not staying with her husband,the daughter born out of wedlock is 6 years old and staying with husband since 20 months,husband is taking care of daughter along with his parents, please advice further course of action for husband to seek divore.

PALNITKAR V.V. (Lawyer)     12 February 2009

I believ that the parties are Hindu. The husband can file divorce u/s 13 of the Hindu Marriage Act on the ground of cruelty. If the husband can for 4 months he can have ground of desertion also.


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