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Alimony, dowry, cruelty and child custody and child support
14-Aug-2023 (In Divorce Law)
I had decided to file for maintenance case and if things didn't work out, I would go for 498a, 406,dowry, DV cases.
I gave everything in writing to my lawyer so that she can draft to file maintenance case first. I kept scanned copy of that matter in my phone. 2 days later, my husband called me and said that he got access to that,scanned copy and since then he started things doing in his defense. Now my lawyer said we can't file maintenance. Kindly suggest how can I proceed further
You can always file a case in court for getting maintenance for your self as well as your child if any. Also DV case can be filed against your husband for his cruelty upon you. if your husband has come to know about your allegations on him then definitely he will try his best to contradict and prepare his defense
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Adv. Juhi Qureshi
Pune | 200+ Answers
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Hello Ma'am,
Firstly, in such circumstances, you may discontinue the services of your earlier advocate.
Secondly, you can prefer an application for maintenance u/s. 125 of Cr. P. C.. Wherein, you can seek the relief from the Court.
If your husband has inflicted cruelty upon you, you even file a Domestic Violence petition in the Metropolitan Magistrate Court.
Firstly, in such circumstances, you may discontinue the services of your earlier advocate.
Secondly, you can prefer an application for maintenance u/s. 125 of Cr. P. C.. Wherein, you can seek the relief from the Court.
If your husband has inflicted cruelty upon you, you even file a Domestic Violence petition in the Metropolitan Magistrate Court.
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Adocate Karan Singh
Mumbai | 25+ Answers
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Dear queriest, why can't you go for maintenance let him have access to your phone, the fact is not going to change, let me take that defense evern though he has copy of that maintenance, you proceed with maintenance case rest what we can do further can be discussed and take action accordingly.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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you can file application under HMA for maintenance of self and the infant. As the child is infant the mother is the natural guardian so need to worry about it apart from this you can file application before criminal courts u/s 125 to get maintenance and also under domestic voilence
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Adv. Rakesh Tiwari
PimpriChinchwad | 100+ Answers
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If he has filed a divorce case on the ground of cruelty then you can always contest it by filed your reply to his case. And infact , you can also file interim application for asking monthly maintenance from your husband for you and infant. Generally, court does grant custody of infact or child below 5 years of age to the father because there is statutory preference given to the mother for infant's custody.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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go to the nearest police station and fine and FIR under Section 498 of IPC the police will take down the report file a case for domestic violence in the court . file and application under section 125 CRPC fine application for maintenance of your child
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Adv. Navid Rashid Mulani
Pune | 100+ Answers
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