• Maintenance and alimony in domestic violence case

We are married since 10 years and we have child of 5 yr... my husband has 2 years back filed divorce case and taken back with mutual settlement. But again after 1 year drama started...he stopped going to shop, started bozzing ...and recently hos parents forcefully sent him to rehab centre and also trying to prove that he is mentally ill... we were leaving seperate but on my husband there was always influence of his father (who wants my husband to divorce me)... now on my husbands name there is no property nothing , he is not earning (bozzing a lot and violence happens ) also they are trying to show that he is mentally ill and he cant earn... so how will i get maintainence , how to maintain the child??? Please help
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

even if husband is unemeployed he is bound to maintain his wife and child

2) file for divorce on grounds of mental cruelty

3) seek alimony from husband and maintenance for your child

4) you can also file DV case seek protection order , alternate accommodation from husband , maintenance

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. The contested case of maintenance and DV case takes lot of time and considering the economic condition of the your husband it is not advisable.

2.Rather take what you're getting now unless and until intense negotiation yields something extra and file petition for mutual divorce.

3. So convince them for out of court settlement and move on in life.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

Immediately file a domestic violence case against them before magistrate court and claim protection order, Right to residence order, monetary relief, child custody and compensation as per section 18,19,20,21 &22 of Protection of Women from domestic violence act 2005.

You may also file a criminal case against them before police or court under section 498A/406 of IPC.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

File an application under Protection of Women from Domestic Violence Act (PWDVA), instituted in 2005.You should be provided with adequate medical facilities, counselling and shelter homes as well as legal aid when required.

You can seek accommodation, maintenance, return of gold ornaments and protection from life threat .Make all in laws are the respondent along with your husband.

Protection orders for the victim’s safety can be issues against the respondent, and includes for when he commits violence, aid or abets it, enters any place which the victim frequents or attempts to communicate with her, restricts any form of assets of the victim or causes violence to people of interest to the victim. The respondent has to provide relief to the victim to compensate for loss, including loss of earnings, medical expenses, any expenses incurred due to loss of property by destruction, damage or removal, and maintenance of the victim and her children.

Section 2(q) of the Act reads: “‘respondent’ means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under DV Act.”

If joblessness is not a ground to deny maintenance by husband. The Supreme Court said that the words 'adult male person' were contrary to the object of affording protection to women who have suffered from domestic violence 'of any kind'.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

Their enactments of dramatic scenes that he is mentally ill etc cannot be an excuse to reject your maintenance claim.

This cannot be a reason to refuse maintenance claim file by you.

joblessness is not a ground to deny maintenance by husband.

You have to file maintenance case and get an interim order in your favor under the said circumstances.

After the Interim Maintenance order, if the husband fails to pay the same, he can’t get any relief form HC / SC through a review/revision petition, as the same will be rejected.

You can file maintenance case under section 125 cr.p.c. and even in domestic violence case.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Also my belongings (gold given by parents during marriage) is held by my father-in-law ... they want to give divorce just by giving my gold... what to do shall i file domestic violence and maintainence case ... or go for out of court of settlement... i m in lot trouble

Besides domestic violence case you may lodge a criminal complaint agaisnt them under section 498a, 406 IPC and also dowry harassment cases.

This will fetch you the desired reliefs.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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