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Maintenance from husband for wife & child
03-Feb-2023 (In Divorce Law)
I am a hindu married girl residing in my parents' own house a few months back from birth of my child. I am not interested in divorce& also unwilling to go to my in-laws house due to mental torture by mil &husband.My father is a pensioner with annual income above 5 lacs including interest on retirement benefit.Mother housewife I am unemployed.Can i get maintenance from husband for me & child.They are not in touch with me after birth of my child. If yes then if anybody is interested to enter into a contract with me to get a lump sum amt if i win otherwise not it is welcome
firstly you can file domestic violence as well as maintenance case against your husband and in laws and procure maintenance for both yourself and your child as well as protection orders.
secondly, i hope you have not left any evidence with your husband which states that you do not want to stay with his aged parents, though considering the fact that they have tortured you which needs to be proved during evidence proceedings but your husband being a hindu son can file a divorce on the grounds of cruelty stating that he has strict evidence that you have stated that you do not want to reside with his aged ailing parents, if such happens, a higher court has stated it is very good ground for divorce
secondly, i hope you have not left any evidence with your husband which states that you do not want to stay with his aged parents, though considering the fact that they have tortured you which needs to be proved during evidence proceedings but your husband being a hindu son can file a divorce on the grounds of cruelty stating that he has strict evidence that you have stated that you do not want to reside with his aged ailing parents, if such happens, a higher court has stated it is very good ground for divorce
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Adv. Aveek Bose
Kolkata | 500+ Answers
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You can file a case under section 125 of the Code of Criminal procedure code for your maintenance and for maintenance of your child. But in my opinion without detail discussion proper consult is not possible
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Yes you will get montly maintanence if you file a case against him,under relevant section of law.you can file a case before the jurisdiction magistrate.and also file a case under the Domestic violence act.for more info you can contact me.
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Adv. Subhendu Hazra
Kolkata | 25+ Answers
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Yes, you can get maintenance from your husband as per section 125 of The Code of Criminal Procedure as it is the responsibility for the husband to maintain you and your child.You can also file a suit for domestic violence for the torture made your husband and your in-laws.
Thanks.
Thanks.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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You r entitled to get maintenance..
If you are not :-
1. In adultery
2. Working lady having adequate earnings to maintain yourself
3. In any illicit relationship and
If your Husband is capable to earn then you will win the case u/s. 125 Cr. P. C.
If you are not :-
1. In adultery
2. Working lady having adequate earnings to maintain yourself
3. In any illicit relationship and
If your Husband is capable to earn then you will win the case u/s. 125 Cr. P. C.
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Adv. Partha Ray
Kolkata | 25+ Answers
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