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Can I keep my 498a case pending in ps and apply for divorce?
03-Oct-2023 (In Divorce Law)
I am working women. It was a love & arranged marriage. Recently my husband selected for capf forces and left me in Hyderabad and staying with his parents. He tortured me in so many ways using fundamental rights and other ways which I can share only with Female lawyer. They used to lock kitchen by not providing me food etc he asked me to eat from outside as I m earning. I really don't have money or my parents support to proceed further but one thing is sure that I can't survive with him ... I tried a lot we have attended 2 counselings in ps and then he ran away to Haryana to his parents .. he will b joining in forces with in a month. Can I get allimony if I file 498a? Can I get allimony directly by applying for divorce from my end? My parents didn't give any dowry except marriage expenses. Shall I proceed now or once he gets job in capf?
Hi
Alimony will be granted as part of divorce proceedings.
You can claim for protection under domestic violence act under sections 17, 18 and 20 .
Since you are a working woman , maintenance might be difficult either under Section 23 of Domestic violence act or under section 125 of Cr.P.C.
However in order to bring pressure on the husband and his family you can file the following cases
a) Cruelty under 498A,(People misconstrue 498A as dowry, but actually it is cruelty)
b) Maintenance under Section 125 Cr.P.C and
c) Domestic violence act under aforementioned sections.
You can file the case at Hyderabad.
Since your husband is joining CRPF Forces, he cannot afford to have cases against him as he will be dismissed for having matrimonial cases pending against him. So better to proceed now only.
Alimony will be granted as part of divorce proceedings.
You can claim for protection under domestic violence act under sections 17, 18 and 20 .
Since you are a working woman , maintenance might be difficult either under Section 23 of Domestic violence act or under section 125 of Cr.P.C.
However in order to bring pressure on the husband and his family you can file the following cases
a) Cruelty under 498A,(People misconstrue 498A as dowry, but actually it is cruelty)
b) Maintenance under Section 125 Cr.P.C and
c) Domestic violence act under aforementioned sections.
You can file the case at Hyderabad.
Since your husband is joining CRPF Forces, he cannot afford to have cases against him as he will be dismissed for having matrimonial cases pending against him. So better to proceed now only.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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