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radhaagarwal   07 May 2015

Maintenance related

my marriage is about to complete 2yrs but lots of misunderstanding between me and husband and his family membrs.. so it been 8 months i m.bk to my mother house , coz i dnt hv money to fight and without money not getting any help now my maintenance case is in court not yet started getting dates pe dates , in between is it possible or can i do job if yes thn will i get maintenance too coz i am just bcom graduate dnt hv much dagree ... pls help radha


 18 Replies

Rohit Krishan Naagpal (Advocate)     07 May 2015

Ms Radha Your situation is sad and you must push your lawyer to seek speedy disposal of your interim application , further you can pursue your remedy under Section 18 of HAMA and Section 12 of DV Act. If you resume working then your maintenance amount may be reduced which will be commensurate with your status at your husband house 1
1 Like


 Section 125 of the Criminal Procedure Code (CrPC) and Section 18 of the Hindu Adoption and Maintenance Act make provision for maintenance for wife and children by the husband. However, given the protracted nature of legal proceedings, the wife and children often have to suffer tremendous hardship by the time the courts pass the final order granting maintenance.

It depends on the intellegence and wisdom of UR lawyer for speedy perusal of the proceedings.U can also submit a petition to the court regarding UR present financial status and pray to the court for immediate financial assistance from UR husband to survive.Maintenance will depend on UR husbands present financial status.

SUNIL KUMAR (apprentice)     07 May 2015

Nagpal sir is absolutely right...you can go for dv and in all the cases you file , ask  your counsel to accelerate the case and present it with all necessary documents and facts to get you mntnc.

Adv k . mahesh (advocate)     07 May 2015

my marriage is about to complete 2yrs

1. less than 2 years but back way back 8 months now at your parental home

2. what difference made you to take such legal procedure i dont understand

3. we can give you suggestions legally what you want but if the query is clear why you want to take legal course and what steps you have taken to solve the issue and lastly you came to legal course

4. as explained you applied and now you are in right direction so ask your lawyer to file for interim maintenance and argue for it court will understand the situation and will grant you the same and if you want to take up job its far better but if your husband shows the proof of your salary then your maintenance will be decreased 


Is there a chance for reconcilation? if so better patch up everything from both the sides.Proper mediation and counselling may pave the way for a reunion, instead of spoling UR  life and future.

N R Dash.. (Advocate)     07 May 2015

You have already ruined your marital relationship by filing a case against your husband. Now you decide what exactly you want. If you want to get separated and live independently, beter go for MCD by mutual discussion. You are entitled for maintenance, but DV & other litigations shall bring physical & mental agony to you also. You have already engaged an advocate, try discuss with him and go for amicable settlement.


fightervikram   07 May 2015


Adv. Chandrasekhar (Advocate)     07 May 2015

Sh. Nagapal's advice is the best and objective.

Adv. Chandrasekhar (Advocate)     07 May 2015

You can get interim maintenance, once the notice is served on your husband and he files reply to your maintenance petition.  So, take steps for issuance of court notice on him.  And also, without bothering about case progress, put your best efforts to get a suitable job commensurate to your qualification.  Once you get job, you will become confident and fight the injustice done against you by your husband and get justice.



U have not replied to my suggestion

T. Kalaiselvan, Advocate (Advocate)     08 May 2015

The experts and lawyers have suggested some of the best options.  The question about the maintenance amount getting reduce due to subsequent employment is a different subject from that of getting an employment to mitigate the present financial needs.  You require funds even to meet the litigation expenses, so it would be  a better decision to opt for a suitable employment if you get one to meet your financial needs in the day to day affairs independently without bothering your parents or depend upon them for even minor expenses. The other legal courses of action against him will further deteriorate the already strained relaionship, so decide about it wisely considering your future  also in mind. 

Nitin (clerk)     08 May 2015

Can parents request for potagi from daughter after her marriage.?

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     09 May 2015

you lawyer should make submition before court for speedy disosal of interim petition after filing interim petition after filing said petition.


BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     09 May 2015

you lawyer should make submition before court for speedy disosal of interim petition after filing interim petition after filing said petition.


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