Advocate Amit Verma

Questions Answered by Advocate Amit Verma

Q: Physical and verbal harassment by husband what are my rights

I have been married for 17 yrs.I have 2 sons(14 yrs Nd 8 yrs of age).My married life has always been troublesome but now since last one yr my husband says to go to my mom's place Nd take my kids along.He says he can't afford to pay for me Nd my kids as he doesn't do any work.But I know this is just his excuse Nd he has sufficient means.I have been living wid my in laws from the very beginning only.sometimes he says let's go nfd stay somewhere else as this house is in my mother in law's name .I feel that they are looking for some or other way of forcing me to move out of house.plz guide me

Advocate Amit Verma answered
MadamYou may file a complaint against your husband before the CAW CELL secondly file a case for maintenance before the court or file a csae for domestic violence as well before the competent court jurisdiction and you cal also file for the maintainance of your kids aswell in the court

Q: Unnatural acts of sex by husband

I am a hindu girl. I wish to know if the husband perpetrates un-natural acts of sex on his wife ,then does this attract section 377 or is it covered under 498A ?

Advocate Amit Verma answered
Yes unnatural sex is covered under section 377 of IPC even by husband and section 498a is also attracts for some other reason of cruelty and illegal behaviour and u can lodged an complaint before CAW CELL as well as lodged a criminal complaint and dv act case against your husband for this act and other maintainance also. Unnatural sex is a very serious crime as per law and punishment is also there for the same.

Q: dispute over stay in husband n wife. he has good business in delhi

My sis 28 yr been married for 3yr. It was a love marriage n has a child 1n half yr. My sis only daughter of her parents. disputes started coz she wntd to visit her parents frequently as they live alone her in laws didn't like it.She doesn't has cordeal relation with her mom in law as she is very interfering. Last year in feb she get shifted to Surat with hrr husband. He is trying to setup new business thoughhas 2 shops in Delhi which r running well. My sis could not adjust n came back delhi in july. Nither he is ready 2 cm here nor she is ready 2 go there.she is living wd parent for 8 months now. Pl help.

Advocate Amit Verma answered
What she want? Many options either she can file a maintaince case against her husband or she can file for divorce. And she can file for section 9 for restitution of conjugal rights aswell. And she can also file for domestic violance case. She can ask for the share in the property. Being a biological father husband has to give maintaince to his wife and child.