Maintenance under dv act

You have absolutely no legal right on any property unless you paid for it.

 

you have abosultely no moral right to get an money from your husband unless you live with him and give him access to his daughter.

 

So, seek one time alimony and get divorced.

 

Or live with your husband.

 

Or earn like a dignified woman and take care of your daughter.

 

You cannot demand money without living with your husband.

 

you have told that you are holding the custody of your daughter since her birth and i dont understand what issue you have over paying the arrears of interim maintenance.

your daughter has rights over the ancestral property of your husband but not over the self auired property of your husband.

you have all rights to stay in the matrimonial home till you are legally divorced from your husband but your inlaws might object to your stay if your husband doesnt own any share in it

Thanks Saravanan Sir for your valuable advice.

Its not self aquired property of my inlaws. My FIL has got it from his mother.( mother got it from her husband), My husband grandfather and grandmother are not alive. Still can I  ask to stay in my matrimonial house.

@ Prasad. We are here for legal advice. Would request you to please share your legal advice ( if you are lawyer ) else dont share your personal opinion. I tried a lot to save my married life but my husband don't want. for him and his family marriage is a game and they can do anything with money. I am not begging but asking for my right.

 

 

 

I cant understand what order has been given to you by court. Can you clarify? What arreas you have to pay?

You have rigth to live in any shared home. Supreem court in one case has given detaiuled findings on intent of DV Act. A home rented or owned by husband  or a home where your husband has share as heir in ancenstralproperty is your shared home and you have righjt to seek accomodaiton there. So go ahead under DV Act.

In cases of maintenace suprem courts and high courts have laid out detaield guideliens and bothj spouses have to give out a detailed proforma as per Kusumlata case in which both of you have to give your movabel and immovable assets, your job details and salries etc.

Based on this court decides what maintenance is to be awarded. Your daughter sure has right to get adequate maintenance for her upbrigning as per lifestyle and living standard of your husband.

Scetion 125 CrPC is a  interim provision for relief. But family court gives proper maintenance award under family laws

So give poroper facts before we can advise exact action plan.

 

Thanks prasad sir for your reply. Sorry if my query is not clear. Court has order me along with husband to pay maintenance from the data of filling the petition. My question is as I am taking care of my daughter since birth. I am not having enough saving to deposit arear ( maintenance amount from dof). I don't have any objection to pay going forward.

Thanks prasad sir for your reply. Sorry if my query is not clear. Court has order me along with husband to pay maintenance from the data of filling the petition. My question is as I am taking care of my daughter since birth. I am not having enough saving to deposit arear ( maintenance amount from dof). I don't have any objection to pay going forward.

Thanks Gupta sir for your reply. Sorry if my query is not clear. Court has order me along with husband to pay maintenance from the data of filling the petition. My question is as I am taking care of my daughter since birth. I am not having enough saving to deposit arear ( maintenance amount from dof). I don't have any objection to pay going forward.