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Maintenance and Compensation Clause for desertion and mental harrasing
28-Jul-2023 (In Divorce Law)
My husband left me here in India to my parents just after 1 month of marriage because I had a seizure and went to California without telling its been 4 years now ,IN Jan 2017 he file petetion Of RCR 9 in which I said I want to live with him but he didnt attended mediation also and suddenly took back the petition without any judgement from court. Now in Jul 2017 he has filed Divorce on the basis of desertion although The fact is I always wanted to be with him. How to Claim maintainance IF I DONT KNOW his salary ,he is in Google in US. How can I take a base under 125 , and what elese can I do as I have sufferd so much of mental harassement. which Clauses or dhara can i put for so much of pain and my precious time waste.
Dear u can file..
Maintainance
Domestic violence cases agaist him.& Also u can file Crpc 498 matter.he is earning well so u will sure succeed in ur 125 matter.we have to just assume his salary and filr the matter of 125.
Maintainance
Domestic violence cases agaist him.& Also u can file Crpc 498 matter.he is earning well so u will sure succeed in ur 125 matter.we have to just assume his salary and filr the matter of 125.
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Adv. Prashant Chavda
Vadodara | 100+ Answers
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You can resort to section 497 A for crualty. Definition of crualty is very wide and also includes mental harassment.
It is sufficient that he is serving and have job for claim for maintenance. You can file case for that claiming just amount for your maintenance.condition that you are not earning .
It is sufficient that he is serving and have job for claim for maintenance. You can file case for that claiming just amount for your maintenance.condition that you are not earning .
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you can filed maintence application without salary slip only wirte in your contince as designeation and other ground therefore you will file criminla pro code 125 now desertion is not only ground of
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Adv. Bakul S Panchal
Ahmedabad | 200+ Answers
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Hi,
First you ave to decide whether you are willing to take Divorce or not.?
If you are willing to stay with him you will have to contest the Divorce petition filled by him.
You can file complaint in Women cell, Domestic Voilence act and simultaneously you can file application U/S 125.
In regard to his salary, both the parties will have to file the detail affidavit in the court , so you will come to know about his salary.
Thanks
First you ave to decide whether you are willing to take Divorce or not.?
If you are willing to stay with him you will have to contest the Divorce petition filled by him.
You can file complaint in Women cell, Domestic Voilence act and simultaneously you can file application U/S 125.
In regard to his salary, both the parties will have to file the detail affidavit in the court , so you will come to know about his salary.
Thanks
Helpful?
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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