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Alimony rights of a woman being divorced by her husband and for child
18-Oct-2023 (In Divorce Law)
i am a hindu girl, got married to a hindu boy in Feb 2010. this was a love marriage held with the consent of both families and proper marriage ceremonies were held of which the complete expenses were borne by my family. soon after my marriage my husband and my inlaws started torturing and abusing me mentally and physically for dowry and there were several incidents of domestic violence on me by them. i also gave birth to a son in nov 2011 and when there arised a life threatening situation for me and my child, i came back to my parents home with my son in Jan 2012 and since then im living with my parents. I had filed for sec 498 A ,section 408 and sec 125 against my husband who in turn has filed for sec 13 (divorce case) and is not willing to pay back any wedding expenses / alimony and maintenance of child. i need a legal advice on my compensation rights and legal procedure to safeguard my and my child's future.
All u need to do is proceed the case of sec498 ipc along with the case of maintaince in family court as well as domestic voilence appear before the court through counsel in the case of sec 13 for contesting it so that it can nit be decided as exparte
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Adv. Raj Nath Singh
Lucknow | 25+ Answers
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if you have file 498a , with sec.125 your lawyer should guide you with that , however you should apply for Interim maintenance until the case decides which means your maintenance will be decided by the court before the case is finalise. for wedding expense receipts of the expenses are required. You have full rights as far as maintenance is concerned for yourself & your son. Make sure collect some evidence regarding your husband income & property.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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U have not mentioned where u have filed cases and what is the progress. You may also file section 24 in his divorce case so divorce petition proceedings will be held till u start getting maintenance. So please go ahead. U may call me in case of need
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Adv. Avdesh Chaudhary
Noida | 200+ Answers
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You can file Section 24 HMA and Section 25 HMA for litigation expenses and permanent alimony on the Section 13 petition of your husband. Along with that, you can also file Protection of Women under Domestic Violence Act.
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Adv. Soma Pandey
Lucknow | 200+ Answers
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पहली बात तो यह है कि आपके पति को , जो आप बात बता रहीं हैं , उस आधार पर आसानी से तलाक नहीं मिलेगा ।
दूसरी बात यदि तलाक होता भी है , तो आप हिन्दू विवाह अधिनियम की धारा - 25 के तहत स्थाई भरण पोषण के लिए हकदार हैं ।
तीसरी बात यह कि बच्चे कि आयु 5 वर्ष होने के बाद आप बच्चे की कस्टडी के लिए केस फाइल कर सकती हैं , उसके पहले आपका बच्चा आपसे कोई अलग नहीं कर सकता ( विशेष परिस्थिति को छोड़कर ) ।
दूसरी बात यदि तलाक होता भी है , तो आप हिन्दू विवाह अधिनियम की धारा - 25 के तहत स्थाई भरण पोषण के लिए हकदार हैं ।
तीसरी बात यह कि बच्चे कि आयु 5 वर्ष होने के बाद आप बच्चे की कस्टडी के लिए केस फाइल कर सकती हैं , उसके पहले आपका बच्चा आपसे कोई अलग नहीं कर सकता ( विशेष परिस्थिति को छोड़कर ) ।
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Adv. Sumit Agarwal
Jhansi | 200+ Answers
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