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a   05 May 2015

Require help from my dv case

My husband behave very cruelly with me. Ha has affair with another girl. I caught him in hotel. Also I got information about his affair from my friends.I warn him to leave that girl. He did quarrel, abuse and torture me daily. I filed DV case against him and requested for maintenance. 

 

But my husband has my salary slip. He attached my salary slip in his written statement as I'm working. I have around 20,000 salary per month and my husband has 80,000 salary per month. But I don't have my husband salary slip. My advocate told me that now it's so difficult get maintenance as he enclosed my salary slip and bank statement. Currently I'm staying with my parents.

 

My husband already defame my family image in society. Please let me know how I will get maintenance from my husband. So I can shift to other place with my family. Currently my parents are not working. So please help me to get maintenance.

 



Learning

 7 Replies

Jatin Mittal (Corporate Lawyer)     05 May 2015

Hi

Well the advise given by your advocate is right as you are earning, educated and hence claiming maintenance will be quiet tough for you and convice the court that you need maintenance from your husband. If there is any child born out of the wedlock, then you may claim on behalf of the child. Also, try to contest on the basis that it is very tough for you to maintain yourself and your parents in the petty income and hence your husband is liable to give you maintenance. Contest that even if you are eligible to earn, you are not been able to maintain the lifestyle that you had during your stay with the husband. I hope it works. For any clarification, feel free to write to me at mittaljets@gmail.com. No charges for the consultation.

saravanan s (legal advisor)     05 May 2015

if you have decided not to live with him better convince him for mcd where you can workout onetime maintenance or monthly, child custody, sreedhan recovery etc etc.if he refuses to give you mcd file a contested divorce case on grounds of adultery (if you have enough proof) and cruelty.you can claim maintenance under sec125 crpc or under sec 25 hma

Adv. Santosh K. Dubey (Advocate & Lead Attorney.)     05 May 2015

Dear A,

Mr. Jatin Mittal is right but still if you please clear that the job in which you are presently engaged and of which the salary slip is with your husband, is this job private or Govt. in case the job is private and you are in condetion to switch your job then do so and in your resignation sdo mention that you are resigning due to family issues take up a new job do not let your husband know about this new job and now you have sufficient grounds to state that due to mental harrasment caused by your husband you were not able to work properly and had to resign from the job and now you are in a miserable condetion all due to your husband, and then you may have sufficient grounds to file maintenance.

 

 

a   05 May 2015

Thanks a lot.. 

Can I allow him for second marriage?.. Can we stay together ?.. Last time I discussed with my husband. I know he is not going to leave that girl. I met to that girl.

I have only one option to allow him for second marriage because it will save prestige of both families. Because after divorce, my life is again go into bad phase. After divorce, my parents will get hurt a lot. Again they have to search new boy. Again same marriage process. I'm exploring second marriage option. Please advice me.

 

Adv. Chandrasekhar (Advocate)     05 May 2015

Ur line of thinking is not proper.  In DV case u ask not only maintenance but also shared household and compensation for mental cruelty he caused to u by extra-marital affair.  U shd name and shame him for his affair but u neednot feel shame for his atrocious behaviour.

Jatin Mittal (Corporate Lawyer)     06 May 2015

Dear Querist You need to understand that in your personal capacity you cannot allow your husband for the second marriage. Firstly you both have to get divorced and then only either you or your husband can enter into second marriage. Secondly, if you are ready to live with him and he is ready to leave that girl, then it is your personal call. Thirdly, i understand that you need to protect the prestige of the family, but you should know thay your husband has committed adultery which is a punishable offence. For any clarifications, feel free to write to me at mittaljets@gmail.com.

sridher (system analyst)     07 May 2015

HUSBAND IS LIABILITY TO WIFE ONLY NOT WIFE;S PARENTS ALREADY HE  PROVED THAT YOU ARE GEETING ENOUGH MONEY TO MAINTAIN YOUR SELF SO SORRY.


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