salma Kamdar (housewife) 17 May 2012

Maintenance

I GOT MARRIED IN 2009 HAVE 1.5 YR OLD SON, STAYING IN PARENTALHOUSE FOR PAST 6 MONTHS as husband is not ready to keep me , talk to me or even reply to my messages . he filed divorce in jamat mumbaion grounds stating tat iusedto go out in nights and challenging paternity and rcr in mysore takimgsomesilly format stands and stating i askedhim to buy house where as it was other way round . after waitingfor 2 months i filed transfer in supreme court and maintenance in family court . mumbai . as i had come across one of his email stating his infidelity. according to me there was no reason y my husband did all this with me , as it was a love marriage . but he did it . now in all reply he taking different stands and stating that i am harassing him by filing n number of cases . i just filed maintenance as i cannot burden my parents more . he gave expired salary certificate in court n i gave fresh one . my husband does not come to court n sends his uncle everywhere . i have sent defermation notice to him as he hadpointed my charactter and spead rumoursof me having 3 extra maritial affair . i have said either prove wat u have spread about me or compensate n give 5 crore , because i have people coming and asking me who is the father . now he claims i am want to extort money from him . what is my likely stand in maintenance and defermation . i want maintenance only upto the tme he takes me back as i m concerned with my patch up n not money . but he shows no sign n threatens me by passing messages that he will do another marriage . i have also filed dv claiming relief only o go in shared household where he resides . but its been two months now that i m running betwweeen courts n in this process my minor getting ignored . what should i do ..........m tired with court process and stressed out at the same time husband showing neglect .... suggest me what should i do further because false allegations and stands taken by my husband is bringing further negativity in me about him and i am the one who is getting affected because i never expected so much lie from him and money demandfrom him . now finally what should i do , continue with case or withdraw all. maintence is kept for order n june . i have demanded money equal to what i need . keeping in mind his responsibilities and pay . can i refuse to accept anything than what maintenace i asked , as if i have to depend and ask others to pay for our expenses in part amount , i rather take full amount from my parents and well wisher and later earn n pay them back . can i ask him to either take full responsibility or just let it be ........................

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4 Replies

SURESH KALAGA (secretary) 17 May 2012

Dear Salma madam,

Your elucidation of your dispute is not clear. Anyhow as you did, you have a right to get maintenance from your husband who legally wedded you. If you really wants to continue the relation with your husband till now, you dont proceed more than this case (maintenance). If you need further legal assistance can mee us @ sureshmgpl@gmail.com Dont worry.

Anjuru Chandra Sekhar (Advocate ) 17 May 2012

You have filed for maintenance, orders will come in June. Wait for it. In the meanwhile do not file any fresh cases against him even if advocates suggest you to file, because advocates get fees if they have more cases to deal, so they suggest you to file as many cases as possible. As you have a child to look after, as you cannot spend time, do not accept to file more cases even if advocates suggest. Take the maintenance granted by court and be satisfied with it. Don't confuse what you get through court with personal matters of self respect and dignity. If you can prove that he is defaming you, claim compensation and damages under Sec.22 of DV Act only, instead of proceeding under Indian Penal Code. That compensation you get under sec.22 will be apart from what you get as maintenance from him.

salma Kamdar (housewife) 17 May 2012

my main concern is the defemation , will he apologise for it , that will b more than compenstion . no money can actually compensate that insult but how will he take back the allegations . wont it hurt his ego , n if it does will he then b with us

Anjuru Chandra Sekhar (Advocate ) 18 May 2012

Good question. No marital relationship which gets entangled in court cases will ever become normal and workable again. Once it goes out of home and it reaches people both husband and wife start feeling bad about each other, for the way the other person is washing his/her dirty linen in public. So 99.9% there is no possibility of re-union.