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Nupur   16 January 2020

Regarding maintenance for my 2 yr old child and myself from husband.

I was married in May 2015. My husband and mother-in-law started harrassing me mentally, physically and verbally. They wanted to extract dowry from me and my parents. Meanwhile I got pregnant at my laws house. Troubled by this I came back to my parents house back. But they neither asked me to come back or nor they gave me any money for my checkups and medicines as I was pregnant.
After a while in July 2017, I gave birth to baby boy at my parents native place.
DURING THIS NOBODY CAME TO SEE ME OR MY CHILD AT HOSPITAL.

All of these expenses of my whole pregnancy term and delivery were incurred by my parents.

Still I waited for almost 1 year in hoping to reconcile with my husband and family.
But there was no positive response from my in laws.

So I filed a complaint under SECTION 12, 17, 18, 19, 20 & 21 of protection of women from domestic violence act at Sub Divisional Judicial Magistrate Derabassi.

DURING MY HEARINGS I WAS NEVER CALLED FOR ANY COMPLAINENT EVIDENCE.
My lawyer doesn't seem very interested and reluctant to solve this case fast.
My query regarding this case is -
1. My husband hails from a rich family they have a lot of property but he has claimed in the court doesn't have a job. So what are my options here? How do I demand maintenance?

2. Is this possible that I can demand any maintenance with a condition that my child can withdraw that after 18 yrs of age?

3. I have to get this case solved as soon as possible. As I m living with my family in a rented accomodation.

Please help me. Thanks.


Learning

 2 Replies

Shashi Dhara   17 January 2020

If he has ancestral property file suit for partition on behalf of child and maintenance under section under 125 crpc for u and your child.

T. Kalaiselvan, Advocate (Advocate)     26 January 2020

1. If you have the details of his properties, you can mention them and also state the income those properties yield and can claim maintenance from that income if he is not employed.

2. You are talking about one time settlement, instead you ask for monthly maintenance for your child also along with your own claim. 

3. If you are not comfortable with your lawyer and if he is not cooperating properly then you can change the lawyer for an effective and expeditious disposal.


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