Maintenance case against my husband
22-Oct-2023 (In Divorce Law)
Husband has filed section 9 RCR to call me back whereas I have left him due to mental disturbance given by him in marriage like not Taking care of basic needs and asking the money back which he paid me when I asked for my need.He didn't arrange practically anything for my pregnancy delivery but verbally he said his family will help but his family saying call your mother to help you.So,these many politics happening and effecting my daily activities mentally.Unfortunately,we have 5 months old son .1 year of arranged marriage.Iam also working but less salary.So,n1) i want money back which my parents gave at the time of marriage.2 ) I want to set my son's future which is impossible alone with my salary.3) i don't want to be with him at all.
Greetings to you.
With everything that you have mentioned, we can oppose the RCR on the basis of everything that has transpired and also, it’s incumbent upon husband to take care of the financial expenses of the child.
What I would also like to know is that when did you get married, separated and after how long of being separated do he file an application of RCR? Because generally RCR is a tactics of lawyer to shift every onus of traumatized relationship from husband to wife. So we have to guide us well to make his marital abuses clear.
Feel free to reach out if you deem it fit.
Regards
With everything that you have mentioned, we can oppose the RCR on the basis of everything that has transpired and also, it’s incumbent upon husband to take care of the financial expenses of the child.
What I would also like to know is that when did you get married, separated and after how long of being separated do he file an application of RCR? Because generally RCR is a tactics of lawyer to shift every onus of traumatized relationship from husband to wife. So we have to guide us well to make his marital abuses clear.
Feel free to reach out if you deem it fit.
Regards
Hi
Nobody can force you to stay with your estranged husband, even court cannot compel. However, we would advise you to engage a lawyer and take legal help in representing your case with proper facts. You can file a domestic violence complaint And maintenance petition against your husband simultaneously. You may contact for further help
Nobody can force you to stay with your estranged husband, even court cannot compel. However, we would advise you to engage a lawyer and take legal help in representing your case with proper facts. You can file a domestic violence complaint And maintenance petition against your husband simultaneously. You may contact for further help
question 1. After filing rcr were you both called for counselling.
if no the you both will have to appear before the counsellor and mention your says
Next step you can move for divorce and also praying for maintenance and permanent alimony
but while hearing for maintenance and permanent alimony you both will have to produce the income and assets details be aware not to produce false details on basis of this the Hon’ble court can allow the maintenance and permanent alimony and for maintenance of the child
if no the you both will have to appear before the counsellor and mention your says
Next step you can move for divorce and also praying for maintenance and permanent alimony
but while hearing for maintenance and permanent alimony you both will have to produce the income and assets details be aware not to produce false details on basis of this the Hon’ble court can allow the maintenance and permanent alimony and for maintenance of the child
okay I understand your questions so you filed a section 125 crpc right your husband filed rcr case so now you want to take alemoney and give a mutual divorce right yes it is possible so you refer the mater to mediation and talk with through mediater and advocate it will be close it early method if you need any legal help contact me thank you
You should look after your case properly which was filed by you under section 125 crpc,no need to panic, he is using using tactics against you to make you tired for withdrawing your case, if he filed case under section 9, then try to get transferred at your hometown,try to contact him directly to end this discord to save money, time and energy.
Hi Madam,
If he bas filed mental harassment tell the court in Section 9 petition filed by your husband. Then only the court will grant in your favour
Next, yes you can claim maintenance for yourself and secure amount for your son
Please call for further clarification on the issue
Thanks
Adv Dr Preeti
If he bas filed mental harassment tell the court in Section 9 petition filed by your husband. Then only the court will grant in your favour
Next, yes you can claim maintenance for yourself and secure amount for your son
Please call for further clarification on the issue
Thanks
Adv Dr Preeti
File a domestic violence case against your husband stating that you are physically attacked by your husband and mental cruelty by your husband family members and if court finds any prima facie then court will remand all the accused therein..
File a maintenance petition under section 125 crpc and get a monthly maintenance from your husband
File a maintenance petition under section 125 crpc and get a monthly maintenance from your husband
No issues , you have to file a counter in maintenance case along with that submit your salary slip and convince the court that you can give maintenance for monthly basis..
If your wife is not working , definitely you will be about to pay maintenance and if she is working its subject to submission made before the judge.
If your wife is not working , definitely you will be about to pay maintenance and if she is working its subject to submission made before the judge.
Dear client
You need to reply to the application under section 125 that has been filed against you. The court will be directing you to file your income affidavit as a compliance step which is mandated in such proceedings. There you will be required to declare your true income and assets.
Mere demand of a settlement amount does not make you legally bound to pay it. The case can be settled on any stage at any terms agreeable to both parties. Feel free to get in touch to discuss further.
Regards
Adv. Abhinav Sharma
You need to reply to the application under section 125 that has been filed against you. The court will be directing you to file your income affidavit as a compliance step which is mandated in such proceedings. There you will be required to declare your true income and assets.
Mere demand of a settlement amount does not make you legally bound to pay it. The case can be settled on any stage at any terms agreeable to both parties. Feel free to get in touch to discuss further.
Regards
Adv. Abhinav Sharma
If the behaviour of your husband is intolerable towards you then rather then dragging you can always file for divorce against him. I would suggest you to go for the mutual divorce because it is less money consuming and ends up in maximum of six months. For more legal assistance I am just a call away.
Divorce case is contested in family court. You shouldn't be nervous if you have not done anything wrong. Judges decide a case based on the facts and circumstances. I dont think that you should worry about court proceedings. You should boldly face the judge and answer him/her whenever they ask you something. Your lawyer shall manage the rest.
We can talk to your husband and give him a fact check report which explains the alimony calculation. We can try to push it to 25 or 30. If he agrees, its better you go for one time settlement. Court proceedings and advocate fees are an expensive affair. We recommend mediation for alimony and mutual divorce.
If your husband fails to maintain the child, you can again file maintenance petition claiming maintenance of child from your husband.
No such a unconscious bargain clause in an agreement is not legal and if you are natural guardian of child then the husband is only left with visitation rights. Rest for any other help, you can contact for further legal advice.
No such a unconscious bargain clause in an agreement is not legal and if you are natural guardian of child then the husband is only left with visitation rights. Rest for any other help, you can contact for further legal advice.
Maintenance of the child and wife is circumstantial basis. If the situation has become difficult for your survival then you can move an appropriate application for seeking maintenance from your husband. Child custody is solely dependent upon the welfare of the child. Better can be discussed in detail. Feel free to contact
Thanks
Thanks
Since the agreement you have signed has a clause to ask the child back and you have also taken one time settlement money based on that same agreement you cannot claim anything else legally as settlement does not have room for changes and appeal.
If he is not paying tuition fee is deemed to say that he will ask for the baby soon.
Please share the settlement agreement for a better understanding about the clauses.
You can contact me for detailed consultation.
If he is not paying tuition fee is deemed to say that he will ask for the baby soon.
Please share the settlement agreement for a better understanding about the clauses.
You can contact me for detailed consultation.
The wife can ask for a payment which can be given by the husband according to his earnings. Moreover if the wife is not working and not in a position to maintain herself and her children she can ask for monthly maintenance or one time settlement. The court will decide the amount of maintenance according to his salary. For one time settlement, the court will not interfere but the the parties can mutually decide.
Dear Madam,
Normally, it will not be allowed but you must plea a trick before the Courts. You must get it filed through minor child through some other guardian say your father and mother alleging that you have entered into such settlement against the interest of minor. Thus, your child get enhanced maintenance.
Normally, it will not be allowed but you must plea a trick before the Courts. You must get it filed through minor child through some other guardian say your father and mother alleging that you have entered into such settlement against the interest of minor. Thus, your child get enhanced maintenance.
you can ask maintenance of the child we can also seek maintenance of the child for education and for change in the circumference settle for mutually drivers only for the U and husband and not for the chat there for the child is estimate child of a husband and his anthel to for the maintenance from your husband and there is no any bar for maintenance to the child or any other
Dear Madam,
Court cannot find out the address of your husband. You may engage some detective agencies to trace out the address and assets of your husband. Thereafter, to file execution petition to recover arrears of maintenence. If he is having any assets then same may be attached and money can be recovered.
Court cannot find out the address of your husband. You may engage some detective agencies to trace out the address and assets of your husband. Thereafter, to file execution petition to recover arrears of maintenence. If he is having any assets then same may be attached and money can be recovered.
Well, your Ex Hubby is not your ATM, that, you can keep on debiting money from him for lifetime as and when you will be in need. As far as Child Support is concerned, decide the amount of Child Support which you need to nurture & flourish him from a Kid to a Man, expenses to take care of him, to maintain his lifestyle & educational expenses considering the next 25 years in which you have to spend the money on him. So, add inflation factor in it.
If your intention is divorce, then try to negotiate the one time settlement amount and go for mutual divorce. And if divorce happens, it is between you and your husband and not your minor child and husband. Your minor childs right right will stay intact forever. We can help you with this. Kindly get back to us if you would like to proceed further.
Mutual Divorce is divided into two hearings, the 1st motion and the 2nd motion. You must have drafted a settlement deed and according to it you should divide the amount so that only few lakhs are left after all the things are done. You should save 2 lakhs at the time of 2nd motion. For more legal assistance I am just a call away.
1. Both parties can enter into an MOU wherein the terms of agreement are mentioned.
2. It would be preferable that you withdraw all cases only after getting full settlement amount and getting divorce decree.
3. make sure to include clause that you can refile all cases if your husband breaks any terms of MOU.
for further queries feel free to contact me
2. It would be preferable that you withdraw all cases only after getting full settlement amount and getting divorce decree.
3. make sure to include clause that you can refile all cases if your husband breaks any terms of MOU.
for further queries feel free to contact me
In mutual consent divorce ask your husband to pay 50% of the total agreed amount for one time settlement in first motion. Then in the second motion of mutual consent divorce ask your husband to pay rest of the amount. Make a memorandum of understanding between you and him by which and in the time frame both of you will withdraw the cases filed against each other.
if your marriage is not working better to depart peacefully, the amount of 19 L which he is paying is towards your permanent alimony, if you are satisfied with that amount you can go for mutual consent divorce or you can negotiate and see what would be the best deal depending upon the facts and circumstances of your case like, how much is his income, assets , how much is your income and assets etc. further accepting 2 L at time of filing is ok but you can ask to pay more, further everything regarding balance payment will be written in petition, normally all advocates take care that the amount which is agreed is paid in time so nothing to worry as such. further if he fails or refuses to pay you can withdraw your consent for divorce and the case will be dismissed.
Settlement decision shall be all yours ! Until both motions are not completed mutual divorce doesn’t happen !
If you think u want to settle this for 20 lakhs, then it’s the right time to hire an expert advocate! We either need to draft the settlement deed & further guide u when to sign on papers !
Kindly b in touch
If you think u want to settle this for 20 lakhs, then it’s the right time to hire an expert advocate! We either need to draft the settlement deed & further guide u when to sign on papers !
Kindly b in touch
See the terms of divorce needs to be finalised between you and your spouse only. However you should consult a lawyer for all this settlement. Under section 125 CrPC money will not be returned to you which your parents had given to your husband, however you can get monthly maintenance.
Yes even if wife is working she can get maintenance for herself and child.
Yes even if wife is working she can get maintenance for herself and child.
You must create a pressure on your husband that either delivers me my luggage or I will not attend the divorce proceedings on the next date of hearing. And you must have mentioned about the luggage and all in the settlement deed itself that it will be the responsibility of the husband to supply the luggage kept in the matrimonial home of the wife. For more legal assistance I am just a call away.
Hi there!
At the time of filing a petition for mutual divorce, you must have signed a MOU or settlement deed, in which your husband was supposed to return all your belongings to you. If he's not complying with that, you need to send him a legal notice to comply with it and cooperate with sending those items over or we'll make it clear that in case he doesn't comply, you will back out of mutual divorce. If that doesn't work, we can seek help of police station to help you recover your articles back. For assistance you may consult me.
At the time of filing a petition for mutual divorce, you must have signed a MOU or settlement deed, in which your husband was supposed to return all your belongings to you. If he's not complying with that, you need to send him a legal notice to comply with it and cooperate with sending those items over or we'll make it clear that in case he doesn't comply, you will back out of mutual divorce. If that doesn't work, we can seek help of police station to help you recover your articles back. For assistance you may consult me.
Dear Madam,
You can lodge complaint with Police under Section 406 of IPC.
=====================================================
Section 406 in The Indian Penal Code
406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
You can lodge complaint with Police under Section 406 of IPC.
=====================================================
Section 406 in The Indian Penal Code
406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
first you have to settle the mater In mutual divorce means what are all conditions mantion in mutual agreement then only you can with drow your125 CRPC case otherwise he can cheted you so first you should take slemoney then only you mention in conditions and fallow the both PARTEYES what are all conditions you had in agreement .
If property is in your mother’s name then how Vs your father make a will ? Or if after his death you brothers have relinquished your share to your mother in that case mother is sole owner n sue have full rights to deal with her property the way she wants. You need to hire expert lawyer in this matter
Thanks n b in touch
Thanks n b in touch
Dear Madam,
It is not wise to withdraw 125 of Cr.P.C case before mutual divorce case is filed. First get 50% settled amount on the date of mutual divorce petition filed and later withdraw the same and file a copy of 125 of Cr.P.C petition having withdrawn. On the date of final orders in mutual divorce you have to get remaining 50% amount.
It is not wise to withdraw 125 of Cr.P.C case before mutual divorce case is filed. First get 50% settled amount on the date of mutual divorce petition filed and later withdraw the same and file a copy of 125 of Cr.P.C petition having withdrawn. On the date of final orders in mutual divorce you have to get remaining 50% amount.
In your case you can't demand it under section 125 or DV since you have withdrawn it and taken a mutual divorce and you are not a legally wedded wife. But you can always try for filing of a petition under section 25 of the Hindu Adoption and Maintenance Act 1956 demanding your maintenance if you are still unmarried.
I've understood your concern and I've an experience of dealing such kind of matters therefore, be assured that I shall assist you throughout the process in obtaining appropriate remedy for you.
Please reach out to me so that we can expeditiously start the process.
Regards,
Alankrit Bhatnagar
(Advocate)
Please reach out to me so that we can expeditiously start the process.
Regards,
Alankrit Bhatnagar
(Advocate)
the child is still entitled to seek maintenance/ additional amount from father if the expense incurred to raise the child in accordance with the standard of living of the father have increased.
however the mutual divorce agreement would have to be perused to give a definite answer to your legal query.
should you have any questions please feel free to contact me
however the mutual divorce agreement would have to be perused to give a definite answer to your legal query.
should you have any questions please feel free to contact me
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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