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rising up again (FFF)     02 December 2013

Wife facing cruelty from a lawyer !!!

dear all,

this is not my case... its for someone close...

--

Ms. X marries Mr. Y - about 5 years back, who became a lawyer after 2 years of marriage. he and family started beating/ abusing the girl on small thing from the very first week of the marraige... but the girl kept adjusting to the problems. They had a son who now is almost 2 yrs old... which now the boy and the family have disowned and thrown the girl and son out of home abt 9 month back...  

As the boy is a lawyer, he understand all aspects of law..and hence now does not own any property in his name, has cleared all his investments, kept zero balances in all his bank accounts, and is now showing that he is not earning at all.

The house also is in the name of his mother hence, the girl cannot enter the house. What can the girl do now ? If the guy proves he is not earning and if he shows that he does not own any property... how can the girl enter in to the house OR ask for maintainence. the girl is earning approx. Rs. 30k from a school. The case right now is in women cell. Any suggestions, how to make the case stronger ?? and get maximum maintainence and get sufficient support for the child ????

 

thanks



Learning

 9 Replies

Tajobsindia (Senior Partner )     02 December 2013

1.    The girl will not get maintenance as she is shown to be earning. The minor will get maintenance. Her Lawyer by profession husband comes under minimum wage act if he is showing himself to be un-employed and for the same, ask your female friend to hire services of her husband’s fraternity; s/he will set appropriate maintenance Law in motion accordingly.

2.    She can always claim ‘rent’ in lieu of right to residence under DV Act.

Sudhir Kumar, Advocate (Advocate)     02 December 2013

has she resided in the house last with her husband?

get_strong (engineer)     02 December 2013

If yes,wife has resided last in the sharedhousehold with in laws and husband ,what is the chance she can enter the home legally

stanley (Freedom)     02 December 2013

@ author

1. Maintanence for the child is co-extensive and as she is a earning member she too has to contribute for the maintenance of the child .

2. As for rent it is a difficult factor as i presume she is  getting a HRA . 

 

One thing i find suprising in your post is inspite of the girl being harasssed and being self sufficient as  you claim you want her to live with her husband :P .isnt it like entering a hungry lions cage and waiting to be devoured .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 December 2013

Dear Querist

be a lawyer is not a crime, the law is same for all. as you informed that she is earning lady so she is not entitled to get maintenance from him but she can file a maintenance petition on behalf of her son and son can get maintenance from him and her too.

contact a lawyer personally for best advise.

sridher (system analyst)     02 December 2013

even though woman cannot assert the husbands parents house as per the judgement of delhi court.

one more thing husband can claim the maintanance from her wife also.

rising up again (FFF)     04 December 2013

dear ALL,

A few more facts...

- The husband was working in an MNC and getting approx Rs. 1.5 lakhs per month as salary. Now, he not working due to health issues since last 7-8 months.. he has sufficient money but now transffered all to her mom's bank accounts etc.. all properties also in mom's name.

- I know the girl and genuinely she is very innocent and in a very helpless state. hence, want to help that girl from the torture..and trauma she is facing. the boy is very cunning and has thrown the girl + kid out of their house since last 8 months...and now asking her for money etc etc. the girl is literally in bad state and no money to tk cr of the child. maximum of the money goes in home rental now and food etc.

- how can we make the case stronger for her ??? plz help..

Sudhir Kumar, Advocate (Advocate)     04 December 2013

Some vital facts are still missing.

 

If one has to ill treat his wife he need not work hard to be law graduate and change profession.  Such passion is there in the beginning even if one has no profession. You have not indicated why was ill-treatment any dowry demand was there or not.

Reformist !!! (Other)     04 December 2013

I believe the author has not stated the full facts here.....On one side she says the lady is working and the other side she says money goes in paying rent . Does the lady (alleged victim) lives in Mumbai or Chennai like Metros where rents are 30k and infact in these metro cities too, a single BHK can be taken at 10k.

Not mentioning of dowry means, she was not harassed for dowry and if you would step towards 498a, then i am damn sure he will never ever take her back. So going to women cell will not fetch u anything. If she wants to live with him, then settle the matter amicably by involving elders and parents.

The real fact is that he will not bow down if you will take any legal course of action ....... and the end would be he will fight and the hair of that lady will become grey and she will grew old. Better is to settle the matter and do not throw mud on each other in open public.


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