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Maintainence from husband for son and want separate house
19-May-2023 (In Divorce Law)
I am suffering under my husband from past 7 yrs. He gives me mental and physical torture like hitting with bat. I have 3.5yr old son. He always threatens to shift the house the house and threatens me to throw out of the house and then again he tries to patch up and does the same. Last week after a fight he said he is vacating the house and asked me separate from him. Now without my knowledge he searched a new house and again wants me to come with him. I am scared again he will do the same things. So I want to get separate house and want to stay with my son. But I am not earning so much to make a separate house and also want him to give son's school fees. Will I be able to get separate house and also maintenance for my son?
Madam in this case as your child is 3.5 years old and you too do not have source of income you can file a case of domestic violence where you can get orders for separate residence, maintenance amount for you and your child,further you can get protection order not to torture you and you can also get orders to stay away from you I he is troubling you a lot, further there are reliefs on respect of stridhan, attachment of his salary etc under domestic violence act which you can claim
Helpful?
Adv. Bharat Narasgouda
Belgaum | 500+ Answers
Chat
Dear Madam,
All Indian Laws are in favour of married woman. Domestic Violence Act is a composite act under the provisions of which you can seek many reliefs like the follows:
==================================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
All Indian Laws are in favour of married woman. Domestic Violence Act is a composite act under the provisions of which you can seek many reliefs like the follows:
==================================================================
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
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