Advocate Nitin Tittal

Questions Answered by Advocate Nitin Tittal

Q: How much maintenance can I claim from by husband

I want to about how i take maintenance of my husband. He is working in MNC and i have a 6years boy.

Advocate Nitin Tittal answered
Traditionally maintenance is claimed by wife and children U/s 125 Cr.P.C. and such petitions are filed in Family Courts.However wife can also seek maintenance in Domestic Violence act and also U/s 24 of Hindu Marriage Act (presuming that you are a Hindu) if divorce proceedings are under process. if there are no other proceedings pending in court you can file a complaint U/s 125 Cr.P.C. The court will immediately grant you interim maintenance. The quantum of maintenance depends upon various factors like income of husband, whether wife is working or not, living standard at husband's home and your cost of living etc etc. So meet a good lawyer and get detailed advice.

Q: Divorce as husband and inlays behaviour changed after marriage

I got married in 2014 n in 2,3 months husband n inlaws behaviour drastically changed they want me to handover my whole salary to thm n to do all household work befre going office n after cuming if i dnt want to continue job thy say thy dnt hv money to take care of my food n evrything husband want divorce, wen i filed a complaint in dcw n demanded my expenses now husband behaviour chnged n now he said he will nt gv divorce and will also nt stay with me he nt allowing me enter home n nt giving me divorce. He said he will gv only 2 lac as allumni nothing more or else wil nt gv divorce. Pls suggest sumthing this is big trauma fr me. I had pregancy bt due to so much wrk load n torture misscarraige happned.pls gv me solution now he started giving m warning tht he cn take divorce without me n will nt gv a penny of my expnses in marraige. His mom has also debarrded his name from her property so now wat action ahould i suppose to take coz in DCW centre also he never appear on dates for couseling.

Advocate Nitin Tittal answered
From your query it is not clear what does your husband do. Anyway, you should first approach your area Police station and file a complaint of cruelty by your Husband and his relatives explaining the cruelty meted out to you with specific incidents that has taken place at your matrimonial home. Secondly, your husband cannot get divorce in your absence so the threat your husband is extending is useless. However in order to understand the complete facts of your case one needs to have a meeting in person, so, you will need to see a lawyer and seek his advice in detail. Lastly, if the property from which he is debarred by his mother is not acquired by mother herself then she cannot debar him from that property.

Q: Parents and relatives threatening if i marry a person of my choice

I am the age of 24 and my bf is of age 28.we want to marry to each other..but when i told my wiah to my parents my relatives came and thretened so many times to kill both of us..at taht time they detained me in house and dont let me to go outdide for job..they also torchured me mentally and physically..i am so scared..my job is in kolkata and my bf job is in some other state..i dont want to live with my parents. What action can i take?

Advocate Nitin Tittal answered
You should immediately approach your nearest police station and your area SP/ DCP. Give a written complaint to them explaining your ordeals. Being cognizable offences u/s 506/323/ 342/346/34 IPC. At the same time you can also approach your area judicial magistrate praying for appointment of protection officer to you under domestic violence act. You both have attained the age of majority and are free to marry with the person of your choice. You may go ahead and marry. All the best!