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Riya (None)     19 January 2015

Suggestion

 I ve filed a case against my husband nd his family dowry nd domestic violence.. they are all in anicipatory bail from high court..My inlaws nd my husband  r nt returning my stridhan and said thwy dont ve any of my valuables..they r lying...

Second i want to transfer my case.. can it be easily trasfer..

Third  how much i get maintence fem my huaband for me nd my son.. percentage of his salary....

 



Learning

 7 Replies

Prasad (Systems Engineer)     19 January 2015

 

Hi Riya,

 

You are lucky. The marital Law in India is gender biased for woman. 

So, you can easily convince judge to transfer your case.

If you are working and/or well educated, you will not get any maintenance.

Court will decide how much your husband has to pay for his own lovely son.

Normally it is 1/3 of his salary.

Your husband will file case to see his son. 

Please allow him to see his son as otherwise it will be injustice to your son.

Your son cannot file case on you for preventing him from meeting his father, ie. your husband.

The above is the legal answer.

Following is a suggestion.

If you still have some love and trust left on your husband,

and if you love your son and if you think your son needs his father,

then win your husband and his love back with the help of your beloved parents and elders.

 Marital life is precious.

-------------------------

 

Oh my god.

The wife first labelled her husband and his parents as criminals.

She sent them to jail. Now, she does not want the "life" with her husband.

But just wants "Stridhan". 

She wants to transfer the case [in a very easy way] so that her husband and parents suffer travelling to her place all the time.

And she wants money [a % of his salary] from a criminal and lying husband?

How will the lying and criminal husband give money to her?

She also separated her son from his father.

Now her son will miss his father? How kindful mother she is.

laxmi kant joshi (instructor)     19 January 2015

1. file 406ipc against your husband in the ps and asked to returned your stridhan , attach the list of articles and their bills too . 2. If you want to transfer your case within the state then file petition for transfer your case in the high court of if you want to transfer from one state to another state then file transfer petition in the supreme court , your case will easily transfer. 3. If you are a working woman and earning handsome salary then you will not get any maintenance but your son will get the maintenance, if not then generally 1/3 salary of your husband.

Nitin (marketting manager)     20 January 2015

Hello laxmi Kant Sir,

    You mentioned that 1/3 of her husband's salary is that the  maintenance for "HER" or for "HER SON" son??consider that she is working [For Example] even in working case also she will get 1/3 of the husbands salary as the maintenance? if Yes then how long does that father support the Child? until what age of his son does his father has to support his Son?

Thanks,

Nitin.

Nitin (marketting manager)     20 January 2015

Hello laxmi Kant Sir,

    Supposing that Her husband is staying abroad and does not have any income in India, then how will the maintenance be calculated?? how can the courts know his real salary?? he has no income in India,can the courts know his income Abroad?

Thanks,

Nitin.

laxmi kant joshi (instructor)     20 January 2015

@ Nitin , brother if she is a working woman and earning handsome salary then she will not granted any maintenance by the court, 2) regarding her son both mother and father are equally liable for his maintenance court will see earnings of both the spouse and then deside the contribution of husband as maintenance for his son, he is liable to pay maintenance upto 18 years of age of his son . 3) If husband is in India or in abroad proof of salary/ income have to be submitted before the court by his wife/ petitioner .

laxmi kant joshi (instructor)     20 January 2015

@ Nitin , brother if she is a working woman and earning handsome salary then she will not granted any maintenance by the court, 2) regarding her son both mother and father are equally liable for his maintenance court will see earnings of both the spouse and then deside the contribution of husband as maintenance for his son, he is liable to pay maintenance upto 18 years of age of his son . 3) If husband is in India or in abroad proof of salary/ income have to be submitted before the court by his wife/ petitioner .

T. Kalaiselvan, Advocate (Advocate)     22 January 2015

Well advised by Mr. Laxmi Kant Joshi, I fully agree to his views and opinions.


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