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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
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Adv. Khalid Akhtar
Adv. Khalid Akhtar
Delhi | 50+ Answers
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You can file divorce case along with maintenance and criminal case for torturing you at maternal house. please consult an advocate locally and take their help to file the case. regarding maintenance amount, court will decide it by considering the parties net worth and practical issues.
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Adv. Rajamahendra Varma
Adv. Rajamahendra Varma
Bangalore / Bengaluru | 25+ Answers
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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
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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the details which you have provided are UN sufficient to resolve your query even though even though in the rcr petition you can file written statement along with the application for maintanance
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Adv. Adiganesh P Boddu
Adv. Adiganesh P Boddu
Mumbai | 25+ Answers
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You need to hire expert advocate in this regard and thenceforth we need to file reply to the restitution of conjugal rights! We need more facts as in to what exactly do u want from this relationship…thanks
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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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
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File Application Before Court take time to gather money and pay such money in 2-3 installments which amounts to lumpsum final settlment towards permanent alimony after getting divorce. Â Or pay her monthly maintenance.
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Adv. Karan Palkar
Adv. Karan Palkar
Satara | 25+ Answers
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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
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Adv. Bhagya C H
Adv. Bhagya C H
Bangalore / Bengaluru | 1000+ Answers
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Very good evening.. u ask ur husband details in consent Village Administration Officer. Use the RTI. this way only helps u ... So don't worry U having it husband aadhar card means having so many ways.
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Adv. M. Anandh
Adv. M. Anandh
Kumbakonam | 100+ Answers
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the amount of maintenance that you claim for your child should depend upon the present earning of your husband. if you are living away from your husband and if the child is with you you can Claim still more maintenance for your child besides what you have asked in 125.
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Adv. S.K Prabhakar Shetty
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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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.
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Adv. Arun Samota
Adv. Arun Samota
Bhiwani | 25+ Answers
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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
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Dr. Preeti Manderna
Dr. Preeti Manderna
Panchkula | 400+ Answers
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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
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Adv. Rajendran
Adv. Rajendran
Chennai | 25+ Answers
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Maintenance will be calculated based on your income, moveable and immovable assets. Courts will also consider the lifestyle provided by you to your wife when you were together. Based on all these factors and the claim of your wife amount will be decided.
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Dr. S. Diraviam Dinesh
Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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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.
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Adv. Sunilkumar Rajendran
Adv. Sunilkumar Rajendran
Chennai | 50+ Answers
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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
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Adv. Abhinav Sharma
Adv. Abhinav Sharma
Delhi | 700+ Answers
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You can take the plea before magistrate and the court will consider this as per your financial status. You need to take all strong grounds by consulting advocate and situation may be handled in an appropriate way.
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Adv. Deepak Grover
Adv. Deepak Grover
Delhi | 25+ Answers
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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.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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If a case has been filed against you. make sure that you defend your case as to the best of your capabilities and get cases in your favour. one should be aware that the laws favours women who have been subjected to domestic violence and will definitely help you.
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Adv. Yuganshu Sharma
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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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.
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Adv. Tarun Sharma
Adv. Tarun Sharma
Delhi | 25+ Answers
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Dear Sir
At the time of mutual divorce you may include such condition if agreed by her then only proceed. Otherwise file permanent child custody case and get decree. if the child is more than 5 years you may claim him. Welfare of the child is the consideration for the Court.
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Adv. Kishan Dutt Kalaskar
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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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.
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Adv. Ojas Singh Sachdeva
Adv. Ojas Singh Sachdeva
Delhi | 25+ Answers
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In this matter, I would like to know if all the above scenarios mentioned in the mutual divorce petition or not based on your answer guide you further. I have vast practice in that area you can seek my assistance in your matter.
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Adv. Raghuraman Balaji
Adv. Raghuraman Balaji
Chennai | 900+ Answers
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Madam, you can file a suit, if earlier order was made, accordingly, he can pay u as per the order. if not then proceed to execution. If even though you can enhance it. Kindly contact for further details.
Eny enquiry contact feel free .
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Adv. Sharanagouda S. Patil
Adv. Sharanagouda S. Patil
Bangalore / Bengaluru | 200+ Answers
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yes JSR law associates can help you in resolving this case easily
our team has an experience of more than 21 years in dealing with these cases
there is some facts which our team wanted to know before guiding you for this issue
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Adv. Jasbir Singh
Adv. Jasbir Singh
Faridabad | 25+ Answers
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Greetings for the day,
Understanding you situation, I would advice that there has been a breach on behalf of your husband, in which case, you can file for contempt proceedings before the Hon’ble High Court.
For further assistance, feel free to connect.
Regards
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Adv. Nihaarika Jauhari
Adv. Nihaarika Jauhari
Delhi | 25+ Answers
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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.
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Adv. K. Venkatesan
Adv. K. Venkatesan
Chennai | 50+ Answers
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Hello
Madam ji
if you want mutual divorce from her husband .
first off all you tell me your metrimonial problem . you ask the question regarding the money it is depend upon you and your husband status.
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Adv. Ravindra Kumar Panwar
Adv. Ravindra Kumar Panwar
Delhi | 200+ Answers
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Hi..!!!
There is no limit however you have to evaluate this on the basis of different criteria like you have to see if you both have a baby and with whom that baby will live and are you working or not, etc etc.
Accumulate these things and ask for full and final alimony.
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Adv. Meenakshi Garg
Adv. Meenakshi Garg
Delhi | 100+ Answers
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Hello, in mutual divorce , the wife can ask for as much as she thinks is just and appropriate and for that matter the husband should be able to fulfill her demands.
for more information, feel free to get in touch.
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Adv. Sahej Uban
Adv. Sahej Uban
Delhi | 700+ Answers
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hey....yes you can do that if you have not remarried. it is quite common that the maintenance amount awarded may not suffice since inflation is a major issue which is bound to affect the standard of living.
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Adv. Mikdad Zummerwala
Adv. Mikdad Zummerwala
Mumbai | 100+ Answers
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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
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Adv. Mallapa Nesargi
Adv. Mallapa Nesargi
Belgaum | 100+ Answers
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if he is not paying the maintenance file in execution petition before the same Court which has order the maintenance file the petition with the dues which are outstanding which he is supposed to pay
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Adv. C S Prakash Hande
Adv. C S Prakash Hande
Bangalore / Bengaluru | 25+ Answers
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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
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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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.
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Adv. Prasanna Mohan
Adv. Prasanna Mohan
Delhi | 25+ Answers
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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.
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Adv. Bharat Narasgouda
Adv. Bharat Narasgouda
Belgaum | 25+ Answers
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First u hire a perfect advocate, Memorandum of Settlement all the facts are mentioned.
if any party breach of contract any party then defaulting party contempt of court Act.
so, all the information u can talk to u a personal Advocate.
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Adv. Mayank Arora
Adv. Mayank Arora
Delhi | 50+ Answers
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Mutual Divorce itself includes final settlement that includes the clause of withdrawing case of 125 Crpc. Every payment clause can be added in Mutual divorce settlement which includes money back and maintenance.
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Adv. Mukul Goel
Adv. Mukul Goel
Delhi | 25+ Answers
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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.
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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Hello Madam,
as per the facts stated by you, in case your stuff is there and husband is not agreeing for courier than in that case, take help of a local police station, take some officer along
for further discussion please feel free to call
thanks
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Adv. Preeti Manderna
Adv. Preeti Manderna
Chandigarh | 100+ Answers
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Recieved your query. You may contact me for further legal assistance and book an appointment for the same. No need to worry about the situation. There will be quick redressal of your query and no harm to anyone who will go to collect the luggage.
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Adv. Sharayu Zanak
Adv. Sharayu Zanak
Pune | 50+ Answers
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hi, .i suggest you to make agreement regarding settlement and then withdraw the case
the case can be referred to mediation, and then during mediation the agreement case the agreement can be made. pls feel free to contact me for further details. thanks
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Adv. Suma BK
Adv. Suma BK
Bangalore / Bengaluru | 100+ Answers
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Try getting the settlement sum in tranches on the date of mutual divorce and while withdrawing the crpc petition. Record the same by filing a memo in maintenance proceedings and as far as possible, avoid withdrawing the case before the settlement.
Helpful?
You can ask maintenance for your child in Hindu adoption and maintenance case ur child right is not finishe u can ask maintenance under sec 125 croc also ur child rights is not finished after your divorce for further information plz feel free to call
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Adv. Anupama Sharma
Adv. Anupama Sharma
Delhi | 200+ Answers
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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)
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Adv. Alankrit BhatnagarÂ
Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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Hello mam,
as per section 125 of crpc, you can claim maintenance for your child. therefore your child is having every right to claim maintenance from his father under s. 125 crpc. for further clarifications kindly call me
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Adv. Adhithyan C
Adv. Adhithyan C
Coimbatore | 100+ Answers
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