maintenance
5 years ago
I am married for 6+ yrs. Having a 4 yr child. child has continental birth defect and 4 times operated. My husband and i stayed for 5 yrs. And staying apart for more than 1.6 yr. Husband didnt pay any maintenance for us. He didnt pay anything for our child towards his education and medicals.i have all proofs. And inlaws demanded dowry after marriage , i have proofs like account statements. I was beaten by mother inlaw. My husband didnt listen to me from beginning. He does what his parents says. I was ill treated by his parents. Although husband stays in another place where he works.i was staying with my husband and son. I was kicked out of home by my husband. I have filled dv case. But the intreim maintenance order by the court is nt even 1/3 of his salary. And no education and medical fees are mentioned for our son. I am paying his school fees and medicals with the help of my parents. I am staying in a rented house and rent paid by my parents.my rent is also nt covered properly in the intreim order.Husbands salary is 1.4 lakh per month. And i got only 27000 as intreim maintence.child is 4 years with sever medical issues. How to cahallenge this in upper court and how much chances for revision. I want to saty with my husband as we have 4 yr child.husband is forcing to stay with inlaws instead of with him. I was tortured a lot by inlaws beaten physically ,harrassed mentally due to their unwanted dowry demands and slang words.i dont want to stay with them. inlaws wants divorce. Does filing RCR will help in this case??
Rajender Prasad
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
File DV case with following prayers
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Anonymous
Replied 5 years ago
Thank you sir
ARPIT BATRA
Responded 5 years ago
Pradeep
Responded 5 years ago
Rameshwar Dadhe
Responded 5 years ago
First thing, unless and until I see the complete papers I cannot say anything.
Next things are you must see a Marriage Counselor who will give correct advice after talking to you.
Your Case is bit complicated.
You have already taken maintenance and hope you are regularly getting it and now you want to stay with your husband. There is nothing wrong in your want and desire which can be solved with mutual discussion and a consensus.
On the other hand, you want to stay with your husband and not with the family. It is also not possible to leave parents at the old age. Have a heart and give consideration.
Yes, there is a possibility of Revision of your maintenance which can be brought out by your Advocate. Please do ask Vidhikarya.com to find out a good lawyer to plead your case for the enhancement of monthly maintenance and medication of your child which is equally important.
I could see a ray of hope for better solution.
Shanti Ranjan Behera,
Advocate
Anonymous
Replied 5 years ago
My inlaws stays in their native house at there place. Both are retired n getting pension. I never stop my husband to do anything for his parents.They have tried to kill the child.i am a housewife.life threating is there. My husband stays at his work place far away grom native. There is lot of responsiblity of the child as per his medical issues and education. I am denying to stay with my inlaws place coz i have life threatening problem for me and my child.they have harrased me like anything. Husband denying to stay with him at his place and taking care of the child also. I always wanted to stay with him and i was forcefully evicted from the house. He is nt giving education n medical fees till. I did nt receive any maintance yet. inlaws does a lot politics agaisnt me . I am nt saying him to leave his parents at old age but he should take care of the child .For parents he left our child and me. He only believes what his parents says.
Shanti Ranjan Behera
Replied 5 years ago
Dear Client,
Thanks for your quick answer.
Few things are needed before going to give any suggestion.
What is the problem with the child? Is he/she differently abled? Have you checked with good professionally competent /capable Doctor in a Government hospital? What is their advice?
What your husband exactly and actually wants? You ,without the child? Or you, with the child?
A time may come in your life when you might be asked to choose one. Either the husband or the child?
Or third alternative is you stay with your husband with the baby and keep one maid to give you a helping hand. But have to pay, I mean the family has to pay.
If the husband or their family do not want the child, and you want to stay with your husband, we can also find out an alternative. But you must be mentally prepared to live without the child.
What about your parents?
Are they supportive? Is it an arranged marriage or you have selected your husband?
Realising the maintenance from your husband through the Court will not be problem at all.
But, I am looking at the problem different angle and looking for solution.
Ask Vidhikarya.com to find out a good Lawyer for realization of money through the Court and do not accept Cash. As a matter of principle ask for a Cheque, Bankers Cheque, or Demand Draft or Bank Transfer to your Account which will help you in future.
Now it is up to you decide. I still have a hope.
Shanti Ranjan Behera,Advocate
Vishwabandhu
Responded 5 years ago
Do not make haste. Wait for final order in the case . If the final order is more than the present amount u will get all deficit amount. No need to file any revision at this stage. Filing RCR will not help u in this case . U just wait for final order.
Anonymous
Replied 5 years ago
Ok thank you sir for your valuable advice.
Please suggest on the steps and process to follow
husband torture to wife
Mental harrasment to me and my minor girl child by my parents
My Ex-Girlfriends False Accusations are Ruining My Life
domestic violence and divorce on physical and mental cruelty
