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Domestic violence by husband how can I claim maintenance


16-Jun-2023 (In Divorce Law)
2 yrs bck me & my son was beaten brutully by my husbnd...i filed the case bt till now nothing happened.After procedures of Woman Cell now 498 A case was admitted...We got married in 1998... I belong to Punjabi family...Hindu... We have gone through mediations.. But failed...pls guide me about domestic violence...My son is 15 yrs old he stays with me & is against his father...all my in laws are with me... They are not ready to go to court fr him... Till now i have not got any maintaince... All is regarding matrimonial..
Answers (5)

Answer #1
744 votes
Please file a maintenance application under section 125 of criminal procedure code in the family court in the jurisdiction where u live, and claim maintenance. If possible settle the matter an get a lump sum amount as maintenance from your husband. Remember even after the divorce u can claim maintenance from your husband.
Answer #2
582 votes
What stage is your case at. You should have a good lawyer who will be aggressive and push for a hearing. Also file a case for maintenance -that will put some pressure. In your domestic violence case-have non bailable warrants issued. That will further put pressure.
Answer #3
985 votes
If you are subjected to any kind of crueality by your husband then it will comes with in the preview of domestic violence act under section 12 and at the time of filling of the case you can demand for maintinence, shelter and compensation .
Kind regards
Answer #4
812 votes
You should file for maintenance application under Section 125 Criminal Procedure Code. You should also follow up your case under 498A IPC. Apart from that you can file a case under domestic violence act for maintenance, residence and punishing the offender.
Answer #5
554 votes
Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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