Husband filed for divorce after i filed DV and maintenance case


I got mrrd on 28th June 2012 , with Hindu rituals. With ths wedlock I hv a kid 3yrs named aadvik. Nw I m separated with my in-laws nd husband from 17th April 16. I filed a case against thm in Saket court. As I am living on rent wth my son., I need a maintenance for th same but still it's not get started as again nd again court gve nxt date. My husband try to attempt murder on me. Fir is already loged on th same but I didnt get justice in th same as he took a bail or I also gve case in women cell kirti Ngr agn in same he get bail. I hv all documents related to the case.but still I didn't get justice. Still my stridhan nd all dowry articles is in th custody of my in laws nd husband. Thy all wnt to throw me out frm th matrimonial house nd thy do th same thy force me to sign th property docs for nt to clame property if anything happens nd I do th same for th sake of mrrge nd sons life. Thy used to tk mY full salary. Whn all thre needs get fulfil thy ask me to leave th job. 
My husband filed a divorce case against me as he doesnt want to live wth me or else he apply for permission of visitation for child. I don't wnt to gve divorce or nt to meet wth my son. Bcz I filed a domestic violence case against my in-laws nd husband. Wt shuld I do Or is I am maintainable if I'm educated if yes thn hw much or wt best I can do in same

Answers (5)


252 votes

Yes your husband will have to maintain you and the children even after the divorce. Please mention where your divorce case has been filed and if you have filed a maintenance case against the husband .


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297 votes

Hello, did you filled 125 for maintenance?
What about the police investigation report? you can get back your all your sridhan and also can get maintenance for your sons. Please revert if possible.
Jayatee Chatterjee

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257 votes

I have read and understood your query and shall be able to address your concern as I specialise in matrimonial issues. However I shall be needing some more specific information so as to address your concern well.

346 votes

You should file an application under section 125 of the crpc as it will provide you the instant remedy as far as the maintenance is concerned . You should also try to implicate him in a case of unnatural sex whereby you allege that you have been subjected to the illegal and unnatural demands of the accused persons. You lead the evidences in support of your dv matter and ask the court to decide the interim application filed under 23{2} of the dv act as you are in urgent need of the maintenance and kindly tell us the ground of the divorce he has pleaded for as and contest the divorce petition on merit and claim for maintenance as stated above at the earliest .

327 votes

In that case in counter u have to file section 9 application for restitution of congjual right, and seek maintenance for only ur childrens including interim if court not providing remedy to you approach to high court's.

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