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khusbu.... (studing)     05 June 2014

suggestion related family law

hello..my husband file divorce case on 2012 on the basic of cruelity..i file domestic violence nd 125..i live in matrimonal house nd my husband live in rent..my husband is a businessman which is running nicely..we have no children..under dv act only 2500rs is decided as my maintance...i wanted 2 know.. 1.i dnt want to give divorce i want to flight for my right.in such circumstance wat should i add more in my case.. 2..my husband has given me only 10000 rs for 2 yr.bt there is 35000 rs balance due..wat i do.wat is procedure if husband nt given maintance.wat are law for that?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     05 June 2014

For arrears of maintenance amount, you have file an application u/s 125(3) of Cr. P C for recovery.

Adv. Chandrasekhar (Advocate)     05 June 2014

For recovery of maintenance, you have to file execution petition.  It has to be filed for the arrears of last 12 months, so hurry up.  Regarding that the less amount awarded to you in maintenance even though he is earning harndsomely in his business, you have to file an application in the same court where mainntenance was awarded earlier, seeking enhancement of that amount.  The problem that is coming in your way is that you are not in a position to prove his income in the court, as it is within exclusive knowledge of your husband.  For that, you have to file appropriate application asking the court to direct him to file all his bank accounts and balance sheets of his business etc. along with details of his income and expenditure on an affidvit.  After such application is allowed, the cat comes out of the bag and your maintenance amount will increase. 


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