Matrimonial and maintenance related

Question

Matrimonial and maintenance related

26-Sep-2023 (In Family Law)

Marriage on 3rd may 2018. Situation became worst on 1st of June 2019. I am out of my house (government accommodation) since 26th June,2019 night when she was 8 month pregnent due to fear. That night she with the help of her mother beaten me and provoked me to beat them both. Then she filed so many false allegation (adultery, attempt to murder, भूखा रखना) Wife is residing in my government flat, HRA is being deducted from my salary. Now have 3 month baby Recently I got to know that she was already married in 2012 and after leveling so many charges, she reach to compromise with male side but did not take divorce only separated by society (unofficially). I have court's certified copy for that, in which she accepting to go with her husband to spend her normal family life. Actually she is habitual extortionist. My questions are What next Has she any right to get mentainance, if yes how much How can I vacate my flat to get my hra back May be baby has right to get mentainence but how much

Answers (3)

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Adv. Ravindra Kumar Panwar Adv. Ravindra Kumar Panwar

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Advocate Nupur Sachdeva Singh LawRato · Accepted Answer · 2019-10-03T22:45:51+05:30

Answer #2

Maintenance of the child have to be given About her maintenance if she is qualified then she cannot get maintenance. Maintain depends upon the salary . You can file the case for divorce declaring null and void as same is performed after playing fraud and cheating.

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Advocate Sanjana Antil LawRato · Accepted Answer · 2019-10-03T23:31:37+05:30

Answer #3

You need to start working on your defences: You can initiate proceedings for annulment of marriage under section 12 of the Hindu Marriage Act (in case of Hindus) on ground of fraud; Unless you get the marriage annulled, she being your wife is entitled to seek maintenance for herself. You are also liable to pay maintenance for the child. There is high probability of filing of complaint in CAW cell for dowry harrassment as well institution of proceedings under Domestic Violence Act against you.

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