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seeking maintenance from husband for 2.5 yr old and myself.


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.
 
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file a case against them 498a for dowry section 125 for maintenance. You can claim maintenance for you and for your child now also.

For more information contact us on 9999121211 or email us on rupin.lawjunction@gmail.com.

Thanks,

Rupin Singh

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  • “A hale and healthy man is expected to work to maintain himself and his dependants. He has to maintain his wife who is incapable of maintaining herself. Somehow or other husband should maintain" as per judgment of Madras High Court
  • Legal provisions concerning the order for maintenance of wives and children come under section 125 of the Code of Criminal Procedure, 1973. As per Section 125(l) (a) of the Code, if any person having adequate resources neglects or refuses to maintain his wife who’s unable to maintain herself, then a Magistrate of the first class upon proof, can order such person to make a fixed monthly allowance for the maintenance of his ex-wife. The maintenance has to be determined in accordance with the living standards of the person concerned which she enjoyed at the place of her husband. Here ‘ex-wife’ includes every woman who has been divorced by her husband or has obtained a divorce from her husband and has not remarried yet.  

  • The court can further attach your husband's assets in case he is unemployed but as long as your husband is able-bodied he will be expected to maintain you and your child..


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Advocate

Your priority ought to be in seeking maintenance for you and the child.


Total likes : 1 times

 
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@Anukriti
Thanku for replying to my query. My concern is he has more than adequate resources, but he is being shown as unemployed (though he is able-bodied).
How much strong/ weak is my case? What can i do....? As i m facing a lot of difficulties already...
My lawyer too doesn't seems to be very reluctant in this case.
As they are rich and have no worries regarding any case or anything.. Here I am worried for my child.
 
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@PV venu
Thanku for replying.That is definitely my sole priority. I need a secure future for my child.
 
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Maintenance refers to the basic amenities required in order to sustain oneself. It's a man's responsibility to provide maintenance to his wife, if she isn't financially independent and to his children as well under Section 125, CrPC and it doesn't distinguish the provision for maintenance on the basis of personal laws and is applicable on all citizens of the country whether residing within or outside the Indian territory. The amount of maintenance isn't decided prior and depends upon the discrition of the court. If your think your lawyer isn't interested in your case then you may consider taking your case to another. You may also refer to lawyer's dictionary on our website www.lawyersclubindia.com where you may find another suitable advocate for your case. Hope you find this helpful! Regards!
 
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Maintenance refers to the basic amenities required in order to sustain oneself. It's a man's responsibility to provide maintenance to his wife, if she isn't financially independent and to his children as well under Section 125, CrPC and it doesn't distinguish the provision for maintenance on the basis of personal laws and is applicable on all citizens of the country whether residing within or outside the Indian territory. The amount of maintenance isn't decided prior and depends upon the discrition of the court. If your think your lawyer isn't interested in your case then you may consider taking your case to another. You may also refer to lawyer's dictionary on our website www.lawyersclubindia.com where you may find another suitable advocate for your case. Hope you find this helpful! Regards!
 
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Advocate

1. If you are unemployed and do not have any source of income to sustain your expenses and for  decent living standard, you are eligible for monthly maintenance amount from him, also eligible is your daughter without any such reservation.

2. If you have proofs of his proeprty and the income derived out of the said properties you can put them before court while seeking a huge quantum of maintenance at par with the income as allowed by the court.

3.  No doubt he is duty bound to provide maintenance besides residence and also compensation for the expenses including medical expenses and educational expenses for the child, hence court will pass an order granting the desired reliefs

4. If you do not trust your lawyer anymore then you may decide to change the lawyer instead of wasting your time, energy and money on this lethargic or non-cooperative lawyer. 

 
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