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How to make husband pay for son and wife is staying at parents home
06-Nov-2023 (In Family Law)
We are Buddhist. My sister is teacher & married in 2013 also having a kid. But her husband n in-law tortured her mentally. She always been asked for to disclose her financial savings. Her husband is also fought with her regularly to give the savings details. My sister is not disclosing the same coz her husband don't save a rupee for future. She is saving the money for her son. Now from last one year she is staying with us. But her husband not taking care of her & her son. All the expenses occurred are managed by her. Her husband is now threatening her for divorce. We are planning to approach the mahila aayog to intervene in the situation. Also we want her husband need to pay the atleast expenses of her son. Her mother in law is creating the misunderstanding between my sister & her husband. Even her mother in law misbehaves with us. So atlast my sister don't want to stay with them, she want to settle saperate with her husband. We are worried about her n her son's future. Kindly suggest.
Please approach a Judicial Magistrate's Court and file an application for interim maintenance under section 125 of CrPC. The law states that the husband has to maintain the wife even in case of desertion. Also, you can file a complaint under the DV Act for action against husband and in-laws.
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Adv. Maneesh M. Dixit
Mumbai | 25+ Answers
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Based on the facts that you have provided, I think yours is a fit case of domestic violence. You can approach lawyer to file proceedings under the domestic violence act. Under the said application you can pray for various reliefs like maintenance, residential orders, etc.
The said proceedings can be initiated at either the place where your sister was staying together with her husband or at the place where she is staying now. These proceedings under the domestic violence act can be instituted in addition to the divorce proceedings in the family court.
The said proceedings can be initiated at either the place where your sister was staying together with her husband or at the place where she is staying now. These proceedings under the domestic violence act can be instituted in addition to the divorce proceedings in the family court.
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From the information you provided it appears that your sister dont want to be seperated from her husband but to separate accomodation. To maintain the childeren is the prime responsibility of father. It is not cleared whether husband has a source of income. These illegal activities of your sister's husband amounts to physical, mental, economical abuse atracting domestic voilence which is the base of further legal action on your part. for furhter action or details you may contact me.
adv. jumde
adv. jumde
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