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Right for maintenance in case wife living separately due to torture.
14-Jan-2023 (In Family Law)
Hindu. Two years ago I got married.My parents gave 120 grams of gold as a dowry.My father-in-law & mother-in-law mentally tortured to me.I can't tolerate all of this.For all of this I have been living in a my home town for over a year. My husband is working in hospital.But I do not know where he works.I am post graduated but I am not working. I sent some messages to my husband so that it would be something against me.My husband says he does not give me anything.
Dear madam
I gone through analysis your case issue is your husband is not ready to live with you it May be.According to criminal procedure code you have the chance to get maintenance by him near by your jurisdiction court.
I gone through analysis your case issue is your husband is not ready to live with you it May be.According to criminal procedure code you have the chance to get maintenance by him near by your jurisdiction court.
Helpful?
Adv. Nataraja KS
Shimoga | 200+ Answers
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You need to first give a notice to your husband. The notice should all facts so that it holds good against your husband. It should be a well drafted notice. You need to contact a lawyer for this.
Helpful?
You can file a maintenance case in Family Court u/s125 Cr.P.C through a lawyer as well as u can file a case against your in- laws under Dowry prohibition Act or you can complain to local police station if you are getting torture from your husband or from your in -laws. As per the provisions of law your husband is bound to pay maintenance allowance to you.
Helpful?
Adv. Sudipta Dey
Bangalore | 25+ Answers
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Madam,
Here you have two option. One in case if you interested to continue with the relationship, you can file a case under restitution of conjugal right and there you can sought for re union.
Other; in case if you are not interested, you can file a divorce case against him by stating all the torture given by him. Under this case you can seek for recovery of ornaments and also can seek return of ornaments. As you are stated you are living with your parents since from one year. For filing of divorce case one year separation is require.
Under divorce case you can claim maintenance.
Please decide and proceed legally.
Here you have two option. One in case if you interested to continue with the relationship, you can file a case under restitution of conjugal right and there you can sought for re union.
Other; in case if you are not interested, you can file a divorce case against him by stating all the torture given by him. Under this case you can seek for recovery of ornaments and also can seek return of ornaments. As you are stated you are living with your parents since from one year. For filing of divorce case one year separation is require.
Under divorce case you can claim maintenance.
Please decide and proceed legally.
Helpful?
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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You can file a petition for Maintainance against you husband eventhough you are living separetly under the provision of domestic violence act. First you have to findout where ur husband is working and his income
Helpful?
Adv. Shashiraj
Udupi | 25+ Answers
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