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Domestic violence matter will I get maintenance
03-May-2023 (In Family Law)
I had an affair before marriage. After marriage i had no contact with him but i talked to him when my husband started beating me for small things. then i stopped keeping any contact. but my husband came to know all these n gathered previous fotos and beat me.we went to court.signed the divorce paper.then he told he wl not submit and informed my parents and decided to move on.but he kept beating n using slang.i had an abortion coz of his beating. Now i have 6months old baby boy. In his presence also he is beating and repeating the past matters. Should i bear all these? If i wl stay it wl be with respect n dignity. If not i wl opt divorce. If divorce wl i get money for my son?
Madam in this case only file a case for domestic violence in that ask for relief of seperate residince, and maintenance for your self and your child, further also file application for interim maintenance for your self and your child, he will surely come for compromise, settle it out with some lumpsum alimony and let the custody be with you, if he does not agree proceed and get maintenance order first thereafter when he fails to pay and recovery proceeding start he will either have to pay or compromise for paying permanent alimony and divorce.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Absolutely - you need not live in fear - approach women police station and complain - you can file a 498 A complaint, a case under protection of women from domestic violence act and a divorce case
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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Take your husband to good doctor or contact counselors he may recuperate and don't give him chance to suspect you again and tell him that you have forgotten your past and not keeping any contact with that person and take care of your husband with love and affection by that he should get faith in you. Physical abuse is very bad and sick manners and it may cause any kind of unexpected and dangerous physical injury which may make you disabled and take your and your son life also, if you think he can't lead normal life with you and continue his sick nature then it is better to take divorce and you can claim for maintenance or alimony to you and your son before court.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Madam,
In your case you have informed that you have signed the divorce paper. Further you informed that he is beating you. Here you can file a case under D V ACT and there also you can claim for maintenance along with the protection. Simultaneously you can go for divorce on the ground of mental harassment.
For time bing please file a complaint and seek protection. As you told you have a baby of 6 month. Please proceed.
In your case you have informed that you have signed the divorce paper. Further you informed that he is beating you. Here you can file a case under D V ACT and there also you can claim for maintenance along with the protection. Simultaneously you can go for divorce on the ground of mental harassment.
For time bing please file a complaint and seek protection. As you told you have a baby of 6 month. Please proceed.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Man, it happens many a time in the life of few people. Be careful. Consult an advocate if you want any remedy under the law. Your husband might be narrow minded person. He is wasting himself and also wasting you by being inhuman.
Please have the advise from a wise advocate. Good Luck.
Please have the advise from a wise advocate. Good Luck.
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Adv. Chandraiah
Bangalore | 100+ Answers
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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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