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My husband applied divorce petition under mental cruelty against me
23-Jan-2023 (In Divorce Law)
My husband applied for divorce u/s mental cruelty and dissertion against me two years before. His divorce petition has been taken up last month only after we got case transfer to my hometown. I have not filed any case against him so far.
Can I file domestic violence and dowry harassment case against him now? Will it be taken up after two years of him filing the divorce petition? He is not ready for reconciliation or settlement. He wants to trouble my future by delaying the case. Kindly advise
Relief of maintenance is available under section 125 of ode of Criminal Procedure and also under the Protection of Women from Domestic Violence Act. Hindu Marriage Act also provides for the relief of maintenance. Under Hindu Marriage Act where in any proceeding under this Act it appears to the Court that either the wife or the husband has no independent income sufficient for her or his support, Court may order for payment of monthly maintenance to the petitioner by the respondent.
Section 24). For such a relief, one may file an application with the main petition or during pendency of the proceedings under this Act. Suppose you have filed a petition for decree of divorce while filing the same or during its pendency, such a relief of maintenance can be claimed. You are required to satisfy the Court that you have no independent income sufficient for her or his support and that the other party (husband or wife) has sufficient income.
While passing such an order, Court is to take into consideration income not only of the petitioner but also that of the respondent and further that the petitioner has no independent income sufficient for her or his support.
Section 24). For such a relief, one may file an application with the main petition or during pendency of the proceedings under this Act. Suppose you have filed a petition for decree of divorce while filing the same or during its pendency, such a relief of maintenance can be claimed. You are required to satisfy the Court that you have no independent income sufficient for her or his support and that the other party (husband or wife) has sufficient income.
While passing such an order, Court is to take into consideration income not only of the petitioner but also that of the respondent and further that the petitioner has no independent income sufficient for her or his support.
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Adv. Raghuraman Balaji
Chennai | 500+ Answers
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you can file a maintenance case domestic violence if there is any Domestic Violence Act has happened for within last one month you can also file a petition for restitution of conjugal rights for regarding harassment HD any act done by your husband regarding the dowry harassment apply and also given police complaint Harish Jani torture done by her husband
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Adv. Satish Kumar
Chennai | 500+ Answers
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