How to claim maintenance when separated from husband

522 votes

Hi
You should file the following cases
1) Restitution of conjugal rights. This is asking your husband to come back and lead a marital life along with you and your children.
2) Maintenance under section 125 Cr.P.C- you should file a suit for maintenance in the court asking the court to direct your husband to provide up to 50% of his montly net salary to you and your child(ren) for shelter, clothes,education, health, food etc.
3) Domestic Violence act- You are also entitled to seek protection (residence protection, economic protection, protection from violence and abuse by husband and his parents and siblings) and also demand compensation for the mental and physical abuse suffered by you in the hands of your husband and your mother in law. COmpensation in DVC case will run in to Several lakhs if you apply.
4) Share of your husband's property- You and your child are entitled to demand up to 50% of share of all movable and immovable properties owned by your husband.
5) You can also file a case under section 498a and Section 4 and 6 of Dowry prohibition act, if you had given any dowry at the time of your marriage.
Generally an aggrieved woman will file all of the above 5 cases in courts and make the husband run around courts atleast once a week and ensure that they get their decent share of money for the sufferings.

Advocate Rajagopalan LawRato

672 votes

U have a right to file a criminal case against ur husband and all other relatives of ur husband who r ill treating for extra dowry u/s 498A IPC
U may file a case for maintenance for U n ur chiru u/s 125 cr. P. C or DVC or both

Advocate Basa Appala Reddy LawRato

693 votes

HI,
you can file cases under DVC, CR.P.C. and family courts act against your husband and mother,brother, and sister in law to save your marriage.
YOU CAN FILE MAINTENANCE CASE AGAINST YOUR HUSBAND U/S 125 OF CR.P.C. FOR YOUR SELF AND FOR YOUR CHILD SEPARATELY.
IN YOU CASE DVC SUITABLE PLATFORM. YOU CAN FILE PETITION U/S 12 OF THE ACT SEEKING PERMISSION FROM THE COURT FOR YOUR MAINTENANCE, AND PROTECTION IN YOUR HUSBANDS HOUSE.
YOU DONT WANT TO GIVE DIVORCE YOU CAN APPROACH MARRIAGE COUNCILLORS FOR THE PROTECTION OF YOUR MARITAL LIFE .

Advocate Sree K Sivakumar LawRato

930 votes

A wife alone or a husband alone to save the marriage. If both talk openly their issues with the other & each of you understand the other & each is ready to forgive the faults of the other and decide to start afresh then only a marriage can be saved. In your case you can file a case under Protection of Women from Domestic Violence Act,2005 for reliefs against physical & mental abuse against your husband mother in law, brother in law and sister in law and for protection orders against them. You can also claim compensation and return of dowry money and articles You can claim maintenance maintenance under DV Act and also under section 125 of Criminal Procedure Code for your children & yourself. If your husband is demanding money as additional dowry you can file criminal case under section 498A of Indian Penal Code. ( but filing 498A case might worsen matters between you and your husband and might go beyond repair) .I think you should request you husband for mediation to sort out matters before taking any legal step.

Advocate C Hari Prasad LawRato