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Bhavna (Software Proffessional)     11 February 2009

Regarding Dowery Case 498A

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

 3 Replies

PALNITKAR V.V. (Lawyer)     11 February 2009

Query is repeated. It is already answered.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 February 2009

Dear Bhavna,


If you are earning, your claim on maintenance is unlikely to succeed.


The matter could have resolved when both of you wanted divorce by mutual settlement. Which can still be the case.


Mahila Aayog? try them. You can write directly to WCD Minister, but I have not seen anyone getting much success in such cases.


Regards,


Shonee


 

B.N.Rajamohamed (advocate / commissioner of oaths)     15 March 2009

Right to claim maintenance by you cannot be negated because, of your earning capacity. You have every right in law to claim maintenance.


But with regard to the concept of going to mahila Aayog it cannot be because, when the matter is subjudice you cannot go for an alternative procedure untill the case is finally dispposed of.


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