• Domestic violence, contest divorce

While contesting a divorce from where do I get money. Can i make my husband pay for my legal expenses. Whose money is it legally if my husband earns. How can I prove domestic violence and physical and mental torture. It happens occasionally but I have no records.
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

1)you can claim litigation costs from your husband

2) if you are unable to afford legal fees contact the district legal aid center . They will engage lawyer for you

3) you can claim one third of husband income as maintenance

4) your evidence and that of your friends relatives will help in making out a case of DV

5) police complaint lodged , medical certificate of nature of injuries will help you in proving your case

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. While contesting a divorce case, you can file a petition claiming for maintenance from your husband and also for the legal cost to be incurred by you in contesting the said case.

2. Such petition will be given priority by the Court and will be heard first.

3. After you start receiving the maintenance and cost, the main suit being the divorce suit will be heard by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear concerned,

The money earned by your husband belongs to your husband and as husband has the responsibilty to maintain you, he would do it from his earnings only. You may claim maintenance if you are unemployed and not equally educated.

Domestic violence is an act of violence which could be a single instance or series of instances happened between time a to time b and hence you just need to mention such incidents in your complaint.

However, any allegation made by you has to be/should be supported by a proof. Hence, when you file your case better to consult a good lawyer and then proceed rather than framing a weak complaint.

Best of luck ... stay blessed

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. If you have no source of income you can seek monthly maintenance in the pending divorce suit.

2.Additionally you can file case for maintenance under PWDV Act also.

3.The amount of maintenance of wife varies between 1/3 to 1/5th of income of husband.

4.Wife has only right of maintenance and has no share in the proeprty of husband.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. You can file an application under section 24 HMA to claim litigation expenses and also interim maintenance from him.

2. If there is no documentary evidence to prove domestic violence then you have to prove it through your solitary evidence, which will be put to test in cross-examination.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

It would be wrong decision by you to file domestic violence case against your husband if there was no domestic violence happened ever.

You have to produce evidence for the violent incidences that took place on which you rely upon.

You cannot ask your husband to pay for your litigation expenses, you can claim litigation costs before court as a part of your prayer.

The money whatever your husband earns is his own money you cannot claim ownership on that , you can claim maintenance amount alone and not beyond that.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. Hindu marriage is not based on contract but on tradition and customs.

2. No Court will accept that attending parents in law ordinarily can be treated as 'making the wife work for parents'.

3. The husband shall have to run his family and the wife can not object of he spends money for the requirements of his parents since he is also legally bound to maintain his parents.

4. There are Apex Court judgement wherein wife's demand not to spend money on parents in law or forcing the husband to get separated from his old parents has been treated as form of cruelty for which divorce has been granted.

5. The way wife is expected to attend to her parents in law treating them as her own parents, the husband also is expected to treat his parents in law as his parents in the same way.

6. Law does not say anything about whether the wife can not be asked to work for her parents in law or his office colleagues.

7. It is a marriage and not an employment contract wherein duties and responsibilities are pre-specified and letter from the employee accepting the said term is collected.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

you are entitled to maintenance from your husband as you are his legally wedded wife

2) your husband cannot shirk his responsibilities towards you

3) if husband refuses to pay maintenance file application under section 125 cr pc and seek maintenance from husband

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

women can file DV case against husband seek protection order, right to stay in matrimonial home , maintenance and compensation from husband

2) wife can also file 498A bcase against husband for continuous acts of cruelty

3) law provides sufficent safeguards to protect wife interests

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. If the wife is abused, she has been given wide choice to seek remedial measures as provided by our law.

2. It is because of wide misuse of Acts, which were primarily enacted to protect wives, by certain Metro women, our Apex court has directed not to make any arrest of husband and/or in laws based on the complaints of wives, as was the practice earlier.

3. If wife is tortured by in laws, they will be punished. Similarly, if wife tortures her in laws, she will be punished as per and with due process of law. Period.

4. Wife does not get any liberty to torture her in laws on the pretext that she was also tortured by them.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Well, if it's his money, is it justified that he spends it as he wishes on people other than his family and I don't have any say in it. And is it justified that as I am dependent on him for money, he can make me work for others like his parents or office colleagues?

You can ask him money for running household or maintenance of your home and for your medical needs besides day to day routine affairs.

In a house there shall be everyone, i.e., not only you , your husband, but his parents and other dependent siblings.

The colleagues in the name of guests my visit house once a while.

All these are part of matrimonial life.

if you are not wiling to do any household work, then you cannot be compelled for that.

You have to decide about living together in a cordial relationship with everyone in your matrimonial home.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

the highest court in our country has granted its approval to the fact that the insistence of separation from parents tantamounts to mental cruelty for MEN. For WOMEN it is the normal custom....even if the wife is subjected to abuses from the in-laws and even if she is staying in her own apartment and not in-laws.

It is your wrong interpretation.

The men seeking relief on that ground have been given relief.

The women are entitled to various reliefs which have been misused by some women across the country.

The genuine people do get proper reliefs through courts even now.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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