Advocate Syed Abbas Hussain

Questions Answered by Advocate Syed Abbas Hussain

Q: What is the maximum and minimum court gives maintenance to wife

My govt salary is 63000, my wife kept 498A & 3,4 DPC. Now she filed Cr P. C. 125. My wife (25yrs) - 25k, my daughter(3yrs )12.5k, my son (2yrs) 12.5 K, now I received summons from family court. I want to Resign my job. Maximum & minimum maintainace sanctioned by court. How do I live with peace.

Advocate Syed Abbas Hussain answered
Minimum is 3500 to wife and 2500 to children and maximum is 15 k and it is decided by looking at your salary certificate and if the court has been impartial with you you can go to high court and the high court will shrink the maintenance for sure. Dont resign tour job and fight the case 498 A is not so powerful theses days and maximum cases the wifes file with fake allegations so hire a good lawyer to defend your case.

Q: Can I force my NRI husband to take me along with him

My husband sent me to India in April2017, till now hes not coming to take me to lead marital life.My husband and inlaws closed all sources of communication.We had no other option and filed complaint in Mahila Police Station. Police called my inlaws for counseling sessions but none attended. FIR has been registered. My husband is in usa with h1(Indian Passport). He cheated me.Now, can we get him to India for further proceedings.I do not want a divorce. I want my husband to come India, have a counseling and i want him to take me along! How can we make his passport impound, so that he will be sent to India.

Advocate Syed Abbas Hussain answered
Well as he is usa it very hard to communicate and therefore ask the police to initiate the LOC that is look out circular anytime he visits india at any airport he will get arrested than only his Passport will be surrendered to the court by the wps ccs police .

Q: Mental harassment against mother and sibling

One of my freind harassed badly by her husband since 8 years. she left her home several time and stay with her parents. Every time her parents tourchers her go back and stay at your home only. Its our prestige issue. But now she dont want to go back this time because she had a thread with her husband. Can a married woman file a petition on her mother and sibling for mental harassment and house arrest? What is the procedure to file a petition in high court?

Advocate Syed Abbas Hussain answered
Yes ofcourse she has a remedy to filena case in domestic voilence in which she will get protections and reliefs and specially its a wonderful tool specially for women who face and undergo such harassement.

Q: Necessity to give maintenance ,full and final settlement already done

Actually my dad married a women in 1982.He found her having an illegal relationship with some other guy.So my dad had taken divorce from her in 2005 by paying full and final settlement that of Rs1,50,000 with flat also.And made an agreement that she did not claim any furthur benfits and she did wanted to have any relation from him.although those bonds are brought by her only.i that bond 4 witness are present those are also our side....now she filled a case for maintainence.is it necessary to give maintainence when full and final settlement happend also?my question is what type of judgement will possible to this case?

Advocate Syed Abbas Hussain answered
No you dont have to give a single penny to her and contest the case. You dont have a copy of those bonds and the divorce papers are not there woth u ask your father he might be knowing it. She is just trying to settle her score again so dont her play the trick

Q: Police powers to arrest under false case of dowry on family

Q1. My wife filed a false dowry case on me, my parents and sister. Can police arrest us any time?

Advocate Syed Abbas Hussain answered
They cannot areest anyone not even you. So do not be afraid of the same as 498 a is not so powerful to get afraid off. When ever you are called by police do comoly with the same and remember do not go to the police station with out the 41 a notice if they call you to come two the police station simply ask the police to serve a 41 a notice and you will come with your advocate i hope this makes you feel a bit comfortable.