• Divorce alimony related

I got married last year on march, and after my marriage, I experienced the worst phase of my life.
I didn't expect this, I was beaten with hands, stick, and was forcefully asked to have some medicine which I never use to like, that medicine use to make my body very low, I was have a different torched every day. 
 • My torches went into such an extent; I did have any other option or to commit suicide. Somehow I was saved by my brother came to the location and took me to hospital 
• Later on 18th of may all my luggage was sent by them to my home without my notice and later I found all my belongings were not there all my certificates my pan card
his earning 56000 per mount, he told he needs a break and he will call me back, but it’s been now 8 months he has not called me on the other hand he has sent me a divorce notice. he works in a government office.
I was earlier doing job but currently, I am not working due to health issues.
can you help me solving the below queries?
•	How much alimony or maintenance, I am eligible for each month? Being his salary is 56000
•	As he has sent me a divorce letter what is the next step do I take.
•	What do I perform to get him punished?
•	He took 12 lakhs as dowry from my family, is there any way to get it out.
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1) file police complaint under section 406,498A of IPC for dowry harassment and seek return of your stridhan and Rs 12 lakhs paid by your parents

2) file DV case and seek protection order, maintenance, alternative accommodation from husband

3) contest the divorce proceedings

4) if husband agrees to pay you alimony then file for divorce by mutual consent

5) court can award you Rs 18000 as monthly maintenance

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The amount of maintenance typically varies between 1/3- 1/5th of income of husband.

2. If you do not want divorce then you can written statements contesting his claim.

3.File case under 498A IPC or case under PWDV Act.

4.Yes claim the same under 406 IPC or under PWDV Act case.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.

The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.

Maintenances amount calculation: The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.

If he send a lawyer notice for divorce then send a replay notice .If it from Court the appear before the court and contest the case.

Immediately file case for maintenance and return of gold and money from husband .

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. You can ask for 1/3rd of his net monthly earning towards your maintenance.

2. Divorce suit can be filed only after completion of one year of marriage. it appears that he has sent you a notice before filing divorce suit against you. You should now lodge a police complaint u/s498A & 406 of IPC against him and his family members alleging dowry harassment and also file a petition u/s125 of IPC claiming the above maintenance.

3. Apart from lodging the above police complaint, you can also file a DV case against him and his family members seeking right for alternative residence and protection.

4. If you can prove that he has taken dowry of rs.12 lakhs from you then he will certainly be jailed if the said 498A case is heard by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

How much alimony or maintenance, I am eligible for each month? Being his salary is 56000

Opinion: 1/3 of his income can be granted to you as maintenance.

• As he has sent me a divorce letter what is the next step do I take.

Opinion: reply the same if notice issued by his counsel, if the notice issued by court then appear before the court on date fixed and fight the case on merit.

• What do I perform to get him punished?

Opinion: You may file a criminal case against him before the police or court under section 498A of IPC.

Apart from the above you may file a criminal case against him and his family members if they also harassed you before the criminal court for the offence of Domestic Violence Act-2005 and claim protection, right to residence, maintenance, loss of earning, child custody, if any, and compensation under section 17,18,19,20,21 & 22 of the Protection of Women From Domestic Violence Act-2005

• He took 12 lakhs as dowry from my family, is there any way to get it out.

Opinion: You can claim your money, in your criminal case, 498A/406 of IPC or in domestic violence act too.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) police can register zero FIR in Kolkata even if no part of cause of action has arisen in Kolkata.

2) if part of cause of action has arisen in Kolkata complaint can be filed in Kolkata

3) if police refuse to register FIR file private complaint before magistrate under section 156(3) of cr pc to direct cops to investigate and submit report

4) police will register FIR under section 406,498A of IPC

5) you can contact any lawyer on this website from Kolkata or Mumbai

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

It has to be remembered that law has not fixed any time for lodging the FIR. Normally the delay in lodging the FIR by itself may not be sufficient to bring the case of the prosecution under suspicion.But you have to explain the delay properly for filing the complaint.the delayed FIR cannot operate as fatal to any prosecution case

Now only the remedy is to file a private complaint before the Concerned (Mumbai) Judicial first class magistrate court.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1. If you come to know that he has come to Kolkata evenn for a day, then you can lodge a police complaint alleging that he has harassed you at your residence in Kolkata and at that time you cane attach/refer all the incidences you faced in Mumbai.

2. You can send a complaint letter to the local police station under copy to D.C. having charge of the said police station. If police fails to act, you can file a petition u/s156(3) of Cr.P.C. praying for a direction upon the police to investigate and act based on your said complaint.

3. if police still refuses to act, file a writ Petition before the high court against police inaction seeking relief.

4. You won't have to mention the section no. but your complaint should cover the said offence committed by your husband and his family members.

5.You should now file a petition u/s125 of Cr.P.C. claiming maintenance and also interim maintenance.

6. File the divorce suit after completing one year of marriage, if you have decided to terminate the relationship with your husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

For all the tortures and cruelties he has done to you, you should have made a complaint with the police at that time itself.

The complaint should have included dowry demand, cruelties, physical and mental abuses and assaults.

Besides that, you can file a DV case seeking residence, protection, compensation, maintenance and return of all your properties.

Even now it is not late, you give a reply to his notice denying all his allegations and simultaneously you may initiate legal proceedings agaisnt him by first lodging a police complaint for the offences of cruelties, dowry demand, physical assaults, mental cruelties, intimidation, breach of trust, and all other issues involved.

Also file DV case seeking protection, maintenance etc and also you can file a maintenance case under section 125 cr.p.c.

Besides these, you can challenge his divorce case in the court of law properly.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Also as the person whom I was married was a class1 officer police was scared to take the FIR against me.

There is no bar in registering the FIR by Kolkatta police, however you can approach the city police commissioner seeking his direction to police to register FIR. Your husband cannot claim immunity being class I officer.

• Do I need to mention section 406,498A , DV in the FIR or how do I proceed

For DV yo can file separate case, but for 498a and 406 and section 3 and 4 DP act you can give complaint with the police

• I am completely new to all this and can you please suggest me, where and how to start

If the local police are not entertaining the complaint you may file a petition before judicial magistrate court under section 156(3) cr.p.c. seeking its direction to police to investigate the matter and initite legal process for registering FIR and to nab the culprit.

• Also I would be looking for a lawyer, can you suggest me which type of lawyer do I look for.

You can engage a local lawyer with skills of criminal law.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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